Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24840 of 2019 Applicant :- Asru @ Asruddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 27 of 2019, under Sections 380, 411 I.P.C., Police Station Shergarh, District Mathura.
Learned counsel for the applicant submits that according to the prosecution on 11.02.2019 complainant had gone to bank for depositing the money. In the meantime, when the applicant was filling the deposit form, some unknown person came and stole Rs. 50,000/-. He further submits that nothing has been recovered from the applicant and there is no evidence against the applicant for committing the said offence. He next submits that the offence is triable by Magistrate. There is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 27.04.2019.
Per contra, learned A.G.A. has vehemently opposed the bail prayer and submitted that the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Asru @ Asruddin involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper or pressurize the prosecution evidence.
2. The applicant shall appear on the date fixed by the trial Court.
3. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.6.2019 Rohit