Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52495 of 2019 Applicant :- Dileep @ Deepu Opposite Party :- State of U.P.
Counsel for Applicant :- Hakim Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mr O. P.Mishra, learned counsel appearing for State and perused the record of the case.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive; he is not named in the FIR; the alleged recovery is fake and planted and in fact, nothing was recovered from the possession of the applicant; there is no independent witness of the alleged recovery. It has been further submitted that applicant is languishing in jail since 5.10.2019 having no other criminal history to his credit.
Further submission is that co accused Ajay Yadav has been granted bail by this court by order dated 19.10.2019 passed in Criminal Misc Bail Application No. 43227 of 2019.
Learned AGA does not dispute the aforesaid fact.
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 Dileep @ Deepu 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. 213 of 2019, under Sections 394, 411, 120-B IPC,P.S. Pilua, District Etah 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