Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23210 of 2019 Applicant :- Akash Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Dhar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicant Akash Kumar, who is involved in Case Crime No. 258 of 2019, under Section 15 D.A.A. Act, Police Station New Agra, District-Agra.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It has further submitted that alleged recovery from the possession of applicant is false, fabricated and planted. In fact no such recovery has been effected from the possession of applicant. It is also submitted that there is no independent or public witness of the alleged recovery. It is next submitted that there is no chance of applicant's fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 05.04.2019. Applicant has criminal history of one case, which has been explained in para No.12 of the affidavit accompanying bail application. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Akash Kumar 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 with the following conditions:
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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 3.6.2019 NS