Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56867 of 2019 Applicant :- Deepak @ Guddu Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Mrityunjay Dwivedi,Pankaj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Rajeev Kumar Rai, learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present on the information of police informer and one country-made pistol is alleged to have been recovered from the possession of the applicant when in fact no such recovery has been effected from the person of the applicant and there is no independent witness of the alleged recovery. It is further contended that in the cases, shown against the applicant as criminal history, the applicant has already been enlarged on bail, copy of the bail orders have been annexed as annexure-1 to the supplementary affidavit dated 17.1.2019. It is also contended that the applicant has been falsely implicated in this case due to ulterior motive. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicant is in jail since 02.08.2019 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as averments made in the application..
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant Deepak alias Guddu Patel involved in case crime no. 550 of 2019 under Section 3/25/27 Arms Act police station Karwi district Chitrakoot be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence; and
3. shall not pressurize the prosecution witnesses.
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.
Order Date :- 20.12.2019 Ashish