In this criminal bail application, the Court allowed the petition filed by Prem Chand, who was accused under Section 138 of the Electricity Act for illegally using electricity. The Court directed his release on bail subject to standard conditions.
Released on bail by furnishing a personal bond and two sureties each.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 591 of 2018
Applicant :- Prem Chand Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Tripathi Now Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against twenty named persons alleging that on 22.1.2017 they were found illegally using electricity in Jawahar Bagh, Mathura.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 9.8.2016(more than one and half year) having no previous criminal history; he has been falsely implicated in the present case; there was no independent witness; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. though opposed the prayer for bail but admitted that the applicant has no previous criminal history.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Prem Chand involved in Case Crime No.203 of 2015, under Section 138 of Electricity Act, Police Station Sadar Bazar, District Mathura be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.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.
5.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 tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 19.2.2018
P.P.
1 issue framed by the court
Whether the applicant is eligible for bail under the said circumstances.
1 provisions across 1 enactments
Prem Chand
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
