Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3955 of 2019 Applicant :- Babban @ Satish Opposite Party :- State Of U.P.
Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Faizur Rahman, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Babban @ Satish in Case Crime No.175 of 2018, under Sections 392 and 411 I.P.C., Police Station Indargarh, District-Kannauj with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant is not named in the F.I.R.He was not put up for identification by the victim from whom a bag containing Rs.49,000/- was looted. The police has made recovery of Rs.1,000/-from the possession of the applicant which he claims to be his own. It is pointed out that similarly placed co-accused, Suresh Kumar has been granted bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.3141 of 2019 vide order dated 22.1.2019. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 11.10.2018, also deserves to be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Babban @ Satish be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019 MN/-