Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49448 of

2020

Applicant :- Maksoodan

Opposite Party :- State of U.P.

Counsel for Applicant :- Amit Misra

Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

Heard learned counsel for applicant, learned AGA for

the State and perused the record.

This bail application has been filed by the applicant

Maksoodan seeking bail in Case Crime No. 313 of

2017, under Sections 147, 148, 302, 307, 34 IPC, P.S.

Goverdhan, District Mathura.

Learned counsel for the applicant has submitted that

the applicant is wholly innocent and has been falsely

implicated in the present case due to ulterior motive.

Learned counsel for the applicant has next submitted

that similarly placed co-accused Sita Ram Sharma has

already been granted bail by this Court in Criminal

Misc. Bail Application No. 18421 of 2020 vide order

dated 7.7.2020.

Learned counsel for the applicant has next submitted

that no recovery whatsoever has been made from the

possession of the applicant or at his pointing out.

Other co-accused, Jai Prakash Sharma, Jamuna

Sharma and Siyaram Sharma have also been granted

bail by this Court and the case of the applicant stands

on the same footing as that of co-accused who have

already been grated bail by this Court.

It is lastly submitted that the applicant has no other

criminal history to his credit and the applicant is in jail

since 22.9.2020 and in case the applicant is released

on bail he will not misuse the liberty of bail and will

cooperate in trial..

Learned AGA has vehemently opposed the prayer for

bail but could not dispute the aforesaid facts as

argued by learned counsel for the applicant.

Keeping in view the nature of the offence, evidence,

complicity of the accused, severity of punishment,

submissions of the learned counsel for the parties and

without expressing any opinion on merits of the case, I

am of the view that the applicant has made out a case

for bail.

Let the applicant Maksoodan be released on bail in the

aforesaid case crime number on his furnishing a

personal bond and two reliable sureties of the like

amount to the satisfaction of the court concerned

subject to the following conditions :-

(i) The applicant shall not indulge in any criminal

activity.

(ii) The applicant shall not tamper with the prosecution

evidence.

(iii) The applicant shall not pressurize the prosecution

witnesses.

(iv) The applicant shall regularly appear on the dates

fixed by the trial court unless his personal attendance

is exempted by the trial court.

In case of default of any of the conditions enumerated

above, it will be open to the opposite parties to

approach the Court for cancellation of bail.

Order Date :- 8.1.2021

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