Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40304 of 2019 Applicant :- Ganga Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Jitendra Singh 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. 47 of 2019, under Sections 457, 380, 411 IPC, P.S. Nigohi, District Shahjahanpur.
The FIR of this incident was lodged against some unknown persons and the name of the present accused has surfaced during investigation in the statement of co-accused Bihari after four months of the incident.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and he was not named in the FIR. It is further contended that the alleged recovery which has been recovered from the applicant's possession is totally fake and false. There is no public witness of the alleged recovery and no proper identification of the recovered article was conducted by the police. Nothing incriminating has been recovered from the possession of the present applicant. Offence is triable by the Magistrate. The criminal history of the applicant has been properly explained in para 15 of the bail application. Lastly, he submitted that the applicant is languishing in jail since 12.8.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA 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 Ganga Singh 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 shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 27.9.2019 Mini