Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22500 of 2019 Applicant :- Dinesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Dinesh Kumar, who is involved in Case Crime No. 612 of 2018, under Sections 457, 380, 411 I.P.C., P.S. Kotwali City, District Bijnor, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number, which was got registered against unknown person. After three months, accused-applicant was apprehended in Case Crime No. 901 of 2018, under Sections 399, 402, 307 I.P.C. at Police Station Kotwali City, District Bijnor, in which on the basis of false confession he was implicated in another case of theft along with present offence of theft. He has been enlarged on bail in above Case Crime No. 901 of 2018 by Court of Sessions Judge, Bijnor in Bail Application No. 2283 of 2018 and in case of recovery of stolen property, he was enlarged on bail by Cour No. 4 of Additional Sessions Judge, Bijnor in Bail Application No. 2431 of 2018. In present case recovery of LED TV has been shown against him and on the basis of that, connection with above offence of theft has been established, whereas above LED TV is of accused- applicant and he has claimed it to be his own. There is no independent public witness of alleged recovery. Accused- applicant is of no criminal antecedent prior to above date of alleged recovery, though three cases were planted at one time. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the factual aspect argued as above regarding grant of bail in two cases planted together in the same recovery, for which this accusation is there.
Having heard learned counsel for both sides and gone through the material placed on record, it is apparent that it was a report against unknown person. Subsequently, on the basis of alleged recovery, implication has been established, but no identification of property was there nor was there any independent public witness of alleged recovery.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Dinesh Kumar, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his 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 his bail.
Order Date :- 30.5.2019 NS