Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16111 of 2019 Applicant :- Dinesh Chandra @ Bhura Opposite Party :- State Of U.P. Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Counter affidavit filed today is taken on record.
Heard Sri Ansar Ahmad, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.19 of 2019, under sections 392 and 411 I.P.C., Police Station Kuthaund, District Jalaun during the pendency of trial.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further submitted that the occurrence is shown to have taken place on 30.1.2019 while on the information of the informer, he had been arrested 15 days after the occurrence and recovery of Adhar Card has been shown from him which was kept in his bag. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 15.2.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Dinesh Chandra @ Bhura involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 concerned before the bonds are accepted.
Order Date :- 29.5.2019 Neeraj