Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15721 of 2018 Applicant :- Vishnu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.28 of 2018, under Sections 379, 411 I.P.C., Police Station Kurh Fatehgarh, District Sambhal.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that general allegation has been levelled against the applicant. It is next submitted that there is no evidence against the applicant. It is next submitted that applicant has no criminal history to his credit. It is lastly submitted that there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses and he is in jail since 14.02.2018.
Learned A.G.A. has, however, opposed the prayer for bail to the applicant but could not dispute the facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Vishnu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.4.2018 Anand Sri./-