Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17424 of 2019 Applicant :- Ashok Rana @ Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Surnedra Prasad Shukla,Nilam Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Ashok Rana @ Jitendra has prayed to release him on bail in Case Crime No.
300 of 2019, u/s 395, 412 I.P.C., P.S. Sahibabad, District Ghaziabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. F.I.R. was got lodged for offences punishable u/s 392 I.P.C. against Ram and other unknown persons. The name of present applicant is not there in the F.I.R. His name was brought in the confessional statement of co-accused recorded during investigation. The alleged planted recovery of Rs.2,00,000/- from the possession of the applicant is not with any specific mark of identification. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
The F.I.R. was lodged against unknown persons along with Ram and name of the present applicant is there on the basis of confessional statement of co-accused. The alleged recovery is with no specific mark of identification. Accused-applicant is of no criminal antecedent. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Ashok Rana @ Jitendra, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 25.4.2019 NS