Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15984 of 2019 Applicant :- Aarav @ Narveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submits that there is four days' delay in filing F.I.R. and there is no explanation of such delay. He further contended that due to some dispute between the applicant and victim with regard to travelling fare the victim has falsely implicated the applicant in the present case. Initially the F.I.R. was lodged under Section 354, 354 Ka, 354 Kha and 506 I.P.C. and after investigation charge sheet was submitted 323, 504, 506, 392, 376, 511, 342, 419 I.P.C. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 14.2.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Aarav @ Narveer involved in Case Crime No. 150 of 2019, under Sections 323, 504, 506, 392, 376, 511, 342, 419 I.P.C., P.S.
Bisrakh District Gautam Budh Nagar be released on bail on 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 will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2019 A. Pt. Singh