Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49162 of 2018 Applicant :- Farmood Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and the learned A. G. A. for the State.
I have perused the record.
As per prosecution version on 30.10.2018, some unknown persons have stolen bells, idols etc. worth of Rs. 35,000/- from the Shiv Mandir, situated at village Mundya. Later on recovery of 67 bells, 5 iron chains, three idols and some articles were shown from the applicant accused.
Contention of learned counsel for the applicant is that the accused- applicant has not been named in the FIR and he has been falsely implicated in the present case due to ulterior motive; that applicant accused has no criminal history and he in jail since 01.11.2018 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail.
Considering the submissions made by the learned counsel for the applicant as well as the learned AGA and perusing the record, without expressing any opinion on the merits of the case, at this stage prima facie a case for bail has been made out.
In view of the above, let the applicant Farmood be released on bail on furnishing a personal bond and two sureties by each, to the satisfaction of the court concerned in Case Crime No. 350 of 2018 under Sections 380, 411 IPC, P.S. Azimnagar, District Rampur, with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.12.2018 Ujjawal