HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54786 of 2019
Applicant :- Monu
Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Saumitra Dayal Singh,J.
1. Heard Sri Dinesh Kumar, learned counsel for the applicant as well as Sri Nagendra Kumar Srivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant – Monu with a prayer to release him on bail in Case Crime No. – 397 of 2019, under Section – 377 SectionI.P.C., Police Station – Raya, District – Mathura, during pendency of trial.
3. Learned counsel for the applicant states that in exact similar allegations, co-accused Nasir has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 47086 of 2019, vide order dated 11.11.2019. Also, the other co-accused Kala has been enlarged on bail by the court of session, vide order dated 07.11.2019. For the reasons contained in those orders, the present applicant is also entitled for bail. Further, it has been submitted that the applicant has no criminal history.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 10.12.2019