Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23605 of 2019 Applicant :- Dileep And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Dileep and Pushpendra, have prayed to release them on bail in Case Crime No. 1017 of 2018, u/s 392 I.P.C., P.S. Tajganj, District Agra.
Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.
Learned counsel for the applicants has argued that the applicants are innocent and they have been falsely implicated in five case crime numbers at a time after their arrest in one case and that too was lodged against unknown person. They are of no criminal antecedent except one explained in the affidavit. The remaining cases were planted at the time alleged recovery. There was no recovery from them nor there is any independent public witness of the alleged recovery. There is no other evidence except confessional statement, whereas they never made any confession. There is no likelihood of applicants fleeing from course of justice or tempering with evidence, in case they are released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application..
Having heard learned counsel for both sides and considered the material placed on record, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicants may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Dileep and Pushpendra, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their 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 their bail.
Order Date :- 6.6.2019 bgs/