Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45104 of 2021 Applicant :- Anil Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Bhardwaj Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Anil, who is involved in case crime no. 273 of 2021 under Section 408, 420, 411, 182, 34 I.P.C., Police Station- Surajpur, District- Gautam Budh Nagar.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the applicant has no concern with the said incident and he is the driver of company; that in fact nothing has been recovered from the possession or pointing out of the applicant and as per the FIR the amount of Rs. 5,53,000/- was recovered from the possession of co-accused namely Awadhesh, who has been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No. 20570 of 2021 by order dated 21.05.2021 and that the case of the applicant is on better footings. Pleading false implication it is lastly contended that the accused applicant is languishing in jail since13.4.2021 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for bail.However, granting bail to co-accused is not disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant 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, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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 :- 20.12.2021//Fhd