Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40035 of 2019 Applicant :- Deepak @ Deepu Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Dhaka,Dinesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 309 of 2019, under Sections 411, 414, 420 and 427 I.P.C., P.S. Govind Nagar, district-Mathura, is seeking enlargement on bail during the trial.
As per first information report, which was lodged by the police, alleging therein that the present accused was arrested along with stolen motorcycle by the police during checking and on his pointing out three other stolen motorcycles were recovered from the other co-accused.
Learned counsel for the applicant submitted that the applicant has not committed any offence but the police only to increase the gravity of offence implicated the applicant in the present case. Nothing has been recovered from the applicant's possession and the recovery of motorcycle which has been shown by the police was planted one. There is no public witness of the alleged recovery. Further submission is that all the offences are triable by the court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 22.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.9.2019 Faridul