Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53109 of 2019 Applicant :- Chhotey Lal Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Satish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no.221 of 2019, under Sections 41, 411, 419, 420, 467, 468, 471 IPC, P.S. Dohri Ghat, District- Mau, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 11.07.2019 FIR under Sections 457, 380 IPC was registered as case crime no. 0217 of 2019 against unknown person, in which seven accused persons were apprehended including the applicant and recovery of idol was made from the possession of applicant as well as other six intercepted persons. In the said case crime i.e. case crime no. 217 of 2019 applicant has been granted bail vide order dated 29.11.2019 of this Court passed in Criminal Misc. Bail Application No. 53107 of 2019. It is further submitted that pursuant to said recovery, applicant has also implicated in the present case crime no. 0221 of 2019. The applicant has no criminal history. The applicant is languishing in jail since 13.07.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Chhotey Lal Nishad, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with 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 whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
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 :- 29.11.2019 AK Pandey