Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23192 of 2019 Applicant :- Chhotu Alias Vishal Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Chotu @ Vishal, has prayed to release him on bail in Case Crime No. 810 of 2018, u/s 401 I.P.C., P.S.
G.R.P. Cant. Agra, 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. He is of no criminal antecedent prior to above alleged date, whereas he was implicated on the basis of recovery of a mobile phone. He is of no concern with above recovery nor any recovery was made from him nor there was any independent public witness of alleged recovery nor there is any 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 during trial.
Learned AGA has vehemently opposed the bail application.
Having heard learned counsel for both the parties and considered material placed on record, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Chotu @ Vishal, 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 :- 3.6.2019 bgs/