Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42588 of 2018 Applicant :- Chhote Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Kailash Pati Singh Yadav,Kripa Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Kailash Pati Singh Yadav, learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
2. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No.40 of 2017, under Sections 420, 467, 468, 471, 419, 474 IPC, Police Station Kotwali, District Kanpur Nagar.
3. It is stated that applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. Complainant with the collusion of Police of Police Station concerned has made him accused in the present case. He had no knowledge about the fact that on which paper co- accused got his thumb impression. There is no chance of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. The applicant is in jail since 18.02.2018 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Chhote Lal involved in Case Crime No.40 of 2017, under Sections 420, 467, 468, 471, 419, 474 IPC, Police Station Kotwali, District Kanpur Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 27.11.2019 KA