Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13954 of 2021 Applicant :- Aftab Opposite Party :- State of U.P.
Counsel for Applicant :- Amar Nath Counsel for Opposite Party :- G.A.,Chandan Agarwal
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit has been filed by learned counsel for the applicant and the same is taken on record.
Heard Sri Amar Nath, learned counsel for the applicant, Sri Narendra Kumar Tiwari, learned counsel for the Electricity Department, and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 135 of 2020, under Section 342 of I.P.C. and Section 136 & 137 of Electricity Act, P.S. Gadhipukhta, District Shamli.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that initially an F.I.R. was lodged against unknown by the Assistant Engineer Saurav Kumar Saxena in respect of causing damage to the transformers and theft of copper binding by unknown persons. Subsequently, on the basis of information received from informer by the police, raid was conducted and five accused were arrested and the recovery memo is annexed at page no. 19-21 of the paper book which is in the form of F.I.R. being Case Crime No. 350 of 2020, in which the name of the accused applicant has appeared at Sr. No. 8 and he is stated to have fled away from the scene of occurrence. Subsequently, he was arrested on 21.01.2021 and a sum of Rs. 24,000/- from right pocket and Rs. 16,000/- from left pocket was recovered. It is being stated that the said amount belongs to the accused applicant. It is further argued that there is no public witness of the said recovery. The accused applicant is in jail since 04.01.2021; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the opposite party no. 2 have vehemently opposed the bail.
Since, there was no allegation in the F.I.R. of any amount having been looted and there is no strong evidence against the accused applicant, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Aftab involved in 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 VPS