Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23745 of 2019 Applicant :- Dileep Yadav 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.
Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.
By means of this application the applicants Dileep Yadav and Vishwanath Yadav have prayed to release them on bail in Case Crime No.24 of 2019, u/s 392, 411 I.P.C., P.S. Tundla, District Firozabad.
Learned counsel for the applicants has argued that the applicants are innocent and they have been falsely implicated in this very case crime number, which was got registered against unknown miscreants. Subsequently recovery was planted against them. There is no independent public witness of alleged recovery nor any specific mark of identification over the above notes were there to establish the same to be of above offence of robbery. The accused applicants are of no criminal incidents till above date of recovery. Subsequently the other cases were planted against them. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application. Having heard counsel for both the parties and gone through the materials placed on record it is apparent that the First Information Report was lodged against unknown miscreants. Subsequently recovery of Rs.13,500/- against Vishwanath Yadav and Rs.12, 500/- against Dileep Yadav has been shown in the recovery memo but there is no specific mark of identification over those notes for establishing their involvement in the present case. The applicants are of no criminal antecedents till the above date of recovery, hence a case for bail is there.
Let the applicants Dileep Yadav and Vishwanath Yadav involved in above mentioned case crime number be released on bail on his executing personal bond and two reliable sureties each of them 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 :- 7.6.2019 Rk