Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23092 of 2019 Applicant :- Bhupendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Bhupendra Singh has prayed to release him on bail in Case Crime No. 931 of 2018, u/s 406 I.P.C., P.S. Sikandara, District Agra.
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 has been falsely implicated in this very case crime number of which report was got lodged on 13.11.2018 at 19.43 hours for an occurrence of 29.10.2018. The case was lodged against driver of Truck bearing registration no. U.P. BT 9087 with this accusation that this was loaded with liquor by Rupendra Singh in-charge of Ware House of Parnad Record India Pvt. Ltd. for its transportation and delivery but the same was missing, whereas Bhupendra Singh had given information of alleged occurrence of accident met by above Truck U.P. BT 9087 at Police Station Yashwant Nagar, District Etawah, in which liquor of 625 cartoons were being transported to Hamirpur was damaged in the accident occurred in the night of 30/31.10.2018 at 3.15 A.M. within the area of P.S. Yashwant Nagar. Hence no criminal breach of trust was there nor there was any criminal antecedent of accused-applicant. 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.
Learned AGA has vehemently opposed the bail application..
Considering the rival submissions and gone through the material placed on record, 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, Bhupendra Singh, 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 :- 31.5.2019 Pcl