Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38935 of 2019 Applicant :- Arjun Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Arjun in connection with Case Crime No.132 of 2019, under Sections 419, 420, 467, 468, 471, 474, 475 I.P.C. and 5/25 Arms Act, P.S. Soron, District Kasganj.
It has been alleged in the first information report that when police received information from the police informer that some persons are sitting near the office of District Magistrate, Kasganj and two persons are having suspected arms and licences. The police arrested three persons and from them alleged forged arm licences and weapons were recovered.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was arrested with two fire arms; one rifle and one pistol. He further submitted that the aforesaid weapons were purchased by the father of the applicant and licnces of the aforesaid weapons were renewed time to time from Etah and those licences are totally valid. He further submitted that when the applicant was going to deposit the aforesaid arms due to general election of Parliament, 2019 as the code of conduct was issued by the Election Commission of India, he was arrested by the police. He further submitted that in the report of those licences were found to be valid when the bail application of the father of the applicant, namely Sarvesh was heard and who was granted bail by this Hon'ble Court. He further submitted that the copy of the licence of the aforesaid weapons are annexed on page nos.22 to 28 of the bail application. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 01.04.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Arjun involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 25.9.2019 R./