Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52486 of 2019 Applicant :- Dhyanendra Opposite Party :- State of U.P.
Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Ms Alpana Singha, learned counsel appearing for State and perused the record of the case.
Submission is that applicant is not named in the FIR and he has been falsely implicated in the present case as there is no independent witness. It is further submitted that the motorcycle which is claimed to be recovered from his possession is owned by him, even the recovery memo does not bear any chassis number to connect the applicant with the crime in question. The applicant has no criminal history. Applicant is in jail since 7.10.2019.
Learned AGA vehemently opposed the present bail application.
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 Dhyanendra be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 541 of 2019, under Sections 394, 411 IPC, P.S.Dibiyapur, District Auraiya 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 RavindraKSingh