Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6971 of 2018 Applicant :- Angad Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri U.K Ttiwari,, learned counsel for the applicants and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicants in support of their prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case due to ulterior motive and they have committed no offence. It is next contended that false recovery of a golden chain has been shown against the applicants and there is no independent witness of the alleged recovery. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 7.12.2017. The applicants have no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicants are entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicants namely Angad Kumar and Kari Kumar, involved in Case Crime No. 601 of 2007, under Sections 406, 420, 411, 491 I.P.C., Police Station Govind Nagar, District Kanpur Nagar be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 22.2.2018 IA