Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46300 of 2017 Applicant :- Gabbar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present bail application has been filed by the applicants in Case Crime No. 0919 of 2017, under Sections 411, 420, 467, 468, 471, 414 IPC, Police Station - Shikandra, District - Agra, with the prayer to enlarge them on bail.
The contention raised by learned counsel for the applicants is that the accused-applicants have been falsely implicated in the present case due to ulterior motive. It is submitted by the learned counsel that the recovery of six motorcycles as well as one Scooty has been alleged against the accused applicants. It is submission of the learned counsel that the recovery that has been shown is false and fabricated one and there is no independent witness of the alleged recovery. It is next contended that the applicants are in jail since 11.9.2017 having no previous criminal history and in case they are enlarged on bail, they will not misuse the liberty of bail.
Whereas learned AGA has opposed the prayer for bail.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and considering the complicity of the accused applicants in the present case, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicants Gabbar and Lakhan involved in Case Crime No. 0919 of 2017, under Sections 411, 420, 467, 468, 471, 414 IPC, Police Station - Shikandra, District - Agra, be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicants shall co-operate in the investigation.
2. The applicants shall not tamper with the prosecution evidence.
3. The applicants shall not pressurize the prosecution witnesses.
4. The applicants shall appear on the date fixed by the trial Court.
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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2017 Ranjeet Sahu