Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52460 of 2019 Applicant :- Ajay Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vindeshwari Prasad Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and Mrs. Alpana Singha, learned counsel for the State and perused the record.
It is submitted that the applicant is not named in the FIR. He is innocent and has been falsely implicated in the present case. There is inordinate delay in lodging the FIR. The incident is alleged to have occurred on 28.09.2019, whereas the FIR was lodged on 19.10.2019 and there is no evidence to connect the applicant with the present case. It is also submitted that the applicant has no criminal history and in case he is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 24.10.2019.
Learned AGA does not dispute the aforesaid fact.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ajay Kumar be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 411 of 2019, under Sections 406, 411 IPC, P.S. Manjhanpur, District Kaushambi subject to following conditions:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Lbm/-