Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5696 of 2019 Applicant :- Waris Opposite Party :- State Of U.P.
Counsel for Applicant :- Shilpa Ahuja,Nand Kishor Mishra Counsel for Opposite Party :- G.A.,Virendra Kumar Gupta
Hon'ble Om Prakash-VII,J.
Counter and rejoinder affidavits filed today are taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that co-accused Yakoob has been granted bail by this Court vide order dated 26.03.2019 passed in Criminal Misc. Bail Application No. 5360 of 2019. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. It is further submitted that applicant has no previous criminal history. He is languishing in jail since 11.09.2018.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Waris involved in B.A. No. 1008 of 2018 arising out of Case Crime No. 190 of 2018, under Sections 498-A, 302 IPC and Section 3/4 D.P. Act, P.S. Kulpahar, District Mahoba be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or temper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.6.2019 Sanjeet