Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17841 of 2019 Applicant :- Ashish Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Sharma 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 Ashish, who is involved in Case Crime No. 114 of 2019, under Sections 411, 414, 482 & 34 I.P.C., P.S. Noida Sector-39, District Gautam Budh Nagar, 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; accused-applicant was said to be with two other co-accused persons, when apprehended by police party, and upon their joint confession and joint pointing nine motorcycles and two cars referred in recovery memo were recovered by police and all those were implicated against three accused persons, whereas prior to this recovery, there was no criminal antecedents of accused applicant; in fact there is no such recovery; there is no likelihood of his fleeing from course of justice or tempering with evidence, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that Devdutt Sharma, Ankush Sharma and Ashish were apprehended while they were boarding in a car and upon their confession it came in light that above car was stolen one, thereafter, upon their confession and pointing nine motorcycles and one other car were shown to be recovered and suspected to be stolen. Prior to registration of this case crime number, there was no criminal antecedents of accused-applicant. There is no independent public eyewitness of the alleged recovery. The recovery has been said to be on the basis of joint confession made by those three accused persons.
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 Ashish, 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 :- 29.4.2019 NS