Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49249 of 2018 Applicant :- Chhote Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivangi Bhargava,Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and the learned A. G. A. for the State.
I have perused the record.
As per prosecution version on 15.10.2018 the accused applicant and three co-accused persons were apprehended after a secret information and two motor cycles were recovered and thereafter 12 more motor cycles were also recovered at their pointing out.
Contention of learned counsel for the applicant is that the accused- applicant has been named in the FIR but he has been falsely implicated in the present case due to ulterior motive; that the applicant has no criminal history and he is in jail since 16.10.2018 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail.
Considering the submissions made by the learned counsel for the applicant as well as the learned AGA and perusing the record, without expressing any opinion on the merits of the case, at this stage prima facie a case for bail has been made out.
In view of the above, let the applicant Chhote be released on bail on furnishing a personal bond and two sureties by each, to the satisfaction of the court concerned in Case Crime No. 375 of 2018 under Sections 411, 414, 420 IPC, P.S. Rajpura, District Sambhal, with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.12.2018 Ujjawal