Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56703 of 2019 Applicant :- Deepu Shaky @ Shivveer Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Pati Tiwari,Sacchida Nand Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Anand Pati Tiwari, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is not named in the First Information Report nor he has been arrested on the spot. It is next contended that nothing has been recovered from the possession of the applicant on his pointing out. The name of the applicant came on the basis of suspicion and in the confessional statement of co- accused which has no value of evidence. There is no direct of indirect evidence against the applicant. There is also no independent witness of the said offence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 10.10.2019, 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 submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Deepu Shaky @ Shivveer, be released on bail in Case Crime No. 627 of 2019, under Sections 136 of Electricity Act, Police Station- Auraiya, District- Auraiya, 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 co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence 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 :- 19.12.2019/ssm