Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52297 of 2019 Applicant :- Chandra Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Devendra Saini Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Devendra Saini, learned counsel for the applicant as well as Sri Gyan Prakash Singh, learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No.975 of 2019, under Section 60/63 Excise Act and Section 420 I.P.C., Police Station- Kotwali City, District Bijnor.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the matter. Nothing incriminating article has been recovered from the possession of the applicant. It is further submitted that the recovery that has been shown from the applicant is false and fabricated one and there is no independent eye witness of the recovery. It is lastly submitted that applicant is having no criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 14.10.2019.
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.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant-Chandra Prakash, involved in the above mentioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not temple with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of Court, will attend the Court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Ajeet