Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30596 of 2019 Applicant :- Gagan Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Kavita Tomar,Jai Raj Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 664 of 2018, under Sections 420, 467, 468, 471, 212 I.P.C. and Section 66 of Information Technology Act, P.S. Kotwali Bidhuna, District Auraiya.
The contention of the learned counsel for the applicant is that the accused was not named in the FIR. His name as an accused surfaced during confessional statement of the co-accused Manish Kumar. He submitted that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He next submitted that the co-accused Manish Kumar who was having similar role, has already been enlarged on bail vide order dated 01.04.2019 passed by another Bench of this Court in Criminal Misc. Bail Application No. 13419 of 2019.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 01.02.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Gagan Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Shanu