Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22746 of 2019 Applicant :- Dharmendra Opposite Party :- State Of U.P. Counsel for Applicant :- Joveen Kumar 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 Dharmendra, who is involved in Case Crime No. 116 of 2019, under Sections 411, 420, 467, 468, 471 I.P.C., P.S. Civil Lines, District Rampur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number, which was got registered against unknown person. Learned counsel for the applicant further submitted that no recovery has been made from the possession of the applicant. There is no criminal history of the applicant except the present case. Applicant is languishing in jail since 7.4.2019. Co-accused Shubham Saxena has already been granted bail vide order dated 5.4.2019 passed in Criminal Misc. Bail Application No. 20841 of 2019, copy of which has been produced for perusal. In case, applicant is released on bail he will not misuse liberty of bail.
Learned A.G.A. vehemently opposed the prayer for bail but could not dispute the argument submitted by learned counsel for the applicant.
Considering the rival submissions, nature of accusation, 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 Dharmendra, 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 :- 30.5.2019 Kamarjahan