Criminal Miscellaneous Bail Application preferred by Pradeep Kumar in IPC criminal prosecution. Court granted bail allowing release on personal bond and two sureties subject to conditions.
Allowed bail; released on personal bond and two sureties subject to conditions against tampering and appearing in court.
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Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25382 of 2017
Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Virendra Kumar Srivastava,Rajesh Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
This bail application has been preferred by the accused applicant, Pradeep Kumar, who is involved in case crime no.163 of 2016, under Sections 420, 467, 468, 471 and 120-B I.P.C., P.S. Etmadpur,District Agra.
Learned counsel for the applicant contended that main accused Layak Singh, who has sold the alleged property to the complainant, has already been granted bail vide order dated 19.01.2018 by other Bench of this Court, the applicant is marginal witness of the alleged sale deed, therefore, he has better footing for grant of bail.
He further submitted that the there is no criminal history.
Lastly he submitted that the applicant is in custody since 15.05.2017 and he undertakes that he will not misuse liberty of bail, if he is released on bail.
On the other hand, learned A.G.A. vehemently opposed the prayer for bail but he does not contradict the submission made by the leaned counsel for the applicant regarding granting bail to the main accused Layak Singh.
I perused the order dated 19.1.2018 by which main accused Layak Singh was granted bail by other Bench of this Court, a copy of which has been annexed as Annexure-S.A.-3 to the supplementary affidavit.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Pradeep Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
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 tamper with the evidence.
In case of default of any of the conditions enumerated above, the court below would be at liberty to cancel the bail without any reference to this Court.
Order Date :- 18.5.2018
Asha
1 issue framed by the court
Whether the bail application of the accused, who is said to be a marginal witness and has in custody, should be allowed.
Pradeep Kumar
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
