Hemant vs State Of U P

Court No. - 22

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43086 of 2017 Applicant :- Hemant Opposite Party :- State Of U.P.

Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.

Hon'ble Mukhtar Ahmad,J.

Applicant- Hemant seeks bail in Case Crime No. 741 of 2017 under Sections 147,323,324,504,427,307 IPC , Police Station Sector- 49, District Gautam Budh Nagar.

Heard learned counsel for the applicant and learned AGA for the State.

Submission of learned Counsel for the applicant-accused is that he was not named in the first information report as the same was lodged against unknown persons. During investigation of the case, name of applicant, Naresh, Rahul and Rajesh came into light and co-accused Rahul has already been granted bail on 12.10.2017 in Criminal Misc. Bail Application No.38875 of 2017 by coordinate Bench of this Court. Claiming parity and pleading false implication, it is lastly contended that applicant is languishing in jail from 29.8.2017 having no criminal history to his credit.

Bail has been opposed by learned AGA on behalf of the State.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime 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 with the following conditions that :-

1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.

2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 7.11.2017 Shahid