Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13998 of 2019 Applicant :- Anil Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Anil, who is involved in Case Crime No. 125 of 2019, under Section 420 I.P.C., P.S. Baghpat, District Baghpat, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; he is neither named in the F.I.R. nor any incriminating article has been recovered from his possession; he was apprehended and a false recovery was planted, in which he has been enlarged on bail by Sessions Court itself in Bail Application No. 433 of 2019; there was no withdrawal of any money from account of informant; accused-applicant is of no concern with alleged offence; there is no likelihood of his fleeing from course of justice or tempering with evidence; he is of no criminal antecedents prior to above date of implication, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of report reveals that it was got lodged against unknown persons. Subsequently, this apprehension and recovery of A.T.M. Card was there, in which accused-applicant has been enlarged on bail by court of Sessions itself. There was no withdrawal of any amount from account of informant.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Anil, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 NS