Ankush v. State of U.P.

Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29023 of 2018 Applicant :- Ankush Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Ankush with a prayer to release him on bail in Case Crime No. 1181 of 2017, under Sections 325, 386, 506 IPC, Police Station Khurja Nagar, District- Bulandshahr, during pendency of trial.

It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The applicant is languishing in jail since 03.2.2018. He does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Ankush involved in the 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 :-