Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15111 of 2019 Applicant :- Deepak Kannozia Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar,Mahendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Deepak Kannozia, who is involved in Case Crime No. 98 of 2018, under Sections 420, 468 I.P.C., P.S. Kohna, District Kanpur Nagar, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; first information report was go lodged on the basis of recovery memo dated 05.11.2018 with this contention that accused-applicant was apprehended while being in possession of 770 grams Charas and a motorcycle with changed name plate, whereas no such recovery was there; it was a planted recovery; criminal history has been duly explained by applicant; he was enlarged on bail for offence punishable under Section N.D.P.S. Act in Criminal Misc. Bail Application No. 49178 of 2018, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Deepak Kannozia, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 26.4.2019 NS