Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case; that the applicant is not named in F.I.R. regarding theft of motorcycle; that after a period of more than one month, the recovery of motorcycle in question has been shown along with five other motorcycles from the possession of applicant and others and recovery of 26 motorcycles on their pointing; that there is no independent witness of the alleged recovery; that co-accused Krishnakant @ Pintu, Akash Masih and Pancham Lal @ Vijay have been granted bail by this Court vide orders dated 30.3.2015, 7.5.2015 and 24.6.2015 passed in Criminal Misc. Bail Application Nos.8761 of 2015, 15642 of 2015 and 21967 of 2015, copies of which have filed as Annexure no.2, 3 and produced for perusal; that applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 14.12.2014.
Learned A.G.A vehemently opposed the prayer of bail and contended that the applicant and his associates are running the racket of bike lifting.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment grant of bail to co-accused 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 Akash Masih be released on bail in Case Crime No.370 of 2014, under Sections 379, 411, 413, 414 I.P.C., P.S. Bhelppur, District Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, 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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.7.2016 Tamang