Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20105 of 2018 Applicant :- Chintu Opposite Party :- State Of U.P. Counsel for Applicant :- Shodan Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Shodan Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant has been falsely implicated due to ulterior motive. Further submission is that applicant is not named in the F.I.R., his name has come into light during the course of investigation. Further submission is that a false recovery has been shown against the applicant to implicate him in the offence, the said recovery has not been made in the presence of any independent witness. Further submission is that applicant who is languishing in jail since 30.03.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Chintu be released on bail in Case Crime No. 186 of 2018, under Sections 379, 411 I.P.C., P.S. Mawana, District Meerut, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(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.
Order Date :- 29.5.2018 /Bhanu