The single judge granted bail to the applicant involved in a criminal case under various sections of IPC and Special Law, adhering to standard conditions to prevent tampering with evidence or hindering witnesses.
Release on bail with personal bond and two sureties under specific conditions.
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Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15916 of 2018 Applicant :- Kartik @ Vikki Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.,Nazrul Islam Jafri
Hon'ble Vipin Sinha,J.
Supplementary affidavit filed today is taken on record.
This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.1036 of 2016, under Sections 147, 148, 149, 452, 307, 302, 504, 436, 336, 506, IPC, and 7 Criminal Law Amendment Act, Police Station Kotwali City, District Bijnor.
List has been revised. Learned counsel for the complainant is not present.
Heard Sri Santosh Kumar Mishra, learned counsel for the applicant and Sri Patanjali Mishra, learned AGA appearing for the State.
Learned counsel for the applicant has claiming parity with the co-accused namely Arun Kabadi, who has been granted bail by another Bench of this Court vide order dated 14.11.2017, passed in Criminal Misc. Bail Application No. 3820 of the 2017, copy of which is annexed on page no. 267 of the affidavit filed in support of the present Bail application; that the applicant was not named in the FIR; that there is no direct evidence against the application; that reliance has been placed on the statement of the police personals namely Sub-inspector Arurag Choudhary and Constable Raviendra Singh, copy of which are annexed as annexure no.1 to the supplementary affidavit dated 29.04.2018. The Court has perused the said statements; that the applicants is in jail since 28.01.2017 with no previous criminal history.
Learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
In view of the aforesaid facts and circumstances and looking to the statement of the police personals namely Sub-inspector Arurag Choudhary and Constable Raviendra Singh, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Kartik @ Vikki involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 17.4.2019/VKG
1 issue framed by the court
Whether bail can be granted to the applicant granted along with two sureties and his personal bond.
1 provisions across 1 enactments
Kartik @ Vikki
State Of U.P.
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
