Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46399 of 2017 Applicant :- Dharmendra Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.
The applicant seeks bail in Case Crime No. 235 of 2017, under sections 392, 411 I.P.C., Police Station Shahzad Nagar, District Rampur.
It is submitted by the learned counsel for the applicant that the FIR was unnamed. Later on the applicant was arrested along- with other accused persons with the allegation that the applicant was making plan for theft/looting. In the same arrest certain recoveries of the present case are being alleged. After two months of the FIR recovery that has been shown is false and fabricated one. There is no independent eye witness of the recovery. The criminal history of the applicant is being explained in paragraph 10 of the affidavit that has been annexed with the bail application. The applicant is bailed out in case crime no. 306 of 2017, in which he is said to have been arrested. It is next contended that in case the applicant is enlarged on bail, he will not misuse the liberty of bail. The applicant is in jail since 14.9.2017.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, a prima facie case for bail is made out.
Let the applicant Dharmendra be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court before the bonds are accepted.
Order Date :- 29.11.2017 N.A.