Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant is not named in first information report regarding the theft of motorcycle on 06.05.2016 and has been falsely implicated on the basis of recovery of as many as 13 motorcycles, including the stolen one from the joint possession of three persons with allegation fourth person fled away, on 07.05.2016; that the recovery has been falsely planted of which there is no independent witness; that applicant has no previous criminal history and on the basis of this false recovery has been falsely implicated in some other cases; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 07.05.2016.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant ? Devendra Prajapati be released on bail in Case Crime No. 635 of 2016, under Sections 379 and 411 of I.P.C, Police Station ? Uttar, District ? Firozabad, 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 :- 09.11.2016 Vinod.