Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22866 of 2019 Applicant :- Bali Mohammad Alias Kallu Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Bali Mohammad alias Kallu has prayed to release him on bail in Case Crime No. 51 of 2019, u/s 379, 411, 413, 414, 401, 419, 420, 34, 35 I.P.C., P.S. Kotwali Hamirpur, District Hamirpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number on the basis of suspected possession of motorcycles, involved in case crime no. 52 of 2019, under Sections 41, 411, 413, 414, 401, 419, 420, 34, 35 I.P.C., Police Station Kotwali Hamirpur, District Hamirpur, wherein he is on bail in Crl. Misc. Bail Application No.21058 of 2019, This case crime number was got registered against unknown thieves. Accused-applicant is of no criminal antecedents prior to above date of recovery. Five persons have been implicated with accusation of recovery of motorcycles and other articles, shown in the recovery memo from the joint possession. There was no independent public witness of the alleged recovery. There is no likelihood of tampering with evidence, in case of release on bail nor fleeing from course of justice, hence bail has been prayed for.
Having heard learned counsel for both the parties, considering the material placed on record, it is apparent that it was a suspicious possession of stolen property. Alleged occurrence was against five named accused but with no independent witness of alleged recovery. 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, Bali Mohammad alias Kallu, 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 :- 30.5.2019 bgs/