Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41937 of 2018 Applicant :- Waseem Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Waseem seeking bail in Case Crime No. 353 of 2018, under Sections 147, 148, 149, 307 I.P.C, P.S. Meerganj, District Bareilly.
Learned counsel for the applicant has submitted that even as per the prosecution case, none of the police personnel have received any injury and a country-made pistol is shown to have been recovered from the possession of the applicant for which a separate case has already been registered against the applicant.
Learned counsel for the applicant has further submitted that the applicant is in jail since 04.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. He has next submitted that the applicant has no previous criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that even as per the prosecution case, no police personnel has received any injury and that the applicant is in jail since 04.09.2018.
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 the applicant Waseem be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties 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 :- 31.10.2018 Arun Gangwar