Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23061 of 2019 Applicant :- Golu Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Rai,Mangla Prasad Rai(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, Sri Munne Lal, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Golu Sharma, who is involved in Case Crime No. 0109 of 2019, under Sections- 380, 457, 411 I.P.C., Police Station- Lanka, District- Varanasi, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number, which was got registered against unknown persons and this implication was made on the basis of alleged recovery of articles, written in the recovery memo, from joint possession of three accused whereas no such recovery was there nor any independent eyewitness account of the same was there; it was a confessional statement on the basis of which this implication was there, but no such confession was ever made nor proper identification was got conducted nor it was established to be stolen property of above alleged theft; accused-applicant is of no criminal antecedents, prior to above date of recover and after this occurrence, he has been implicated in three case, first is the present one, other is case crime no. 1217/2018 and third one under Section 25/3 Arms Act in which he is on bail. There is no likelihood of tampering with evidence, in case of release on bail nor fleeing from course of justice, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
Having heard learned counsel for both sides and gone through the materials, placed on record, without commenting on merits of the case, it is a fit case for bail.
Accordingly, this bail application is allowed.
Let the applicant, Golu Sharma, 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 :- 31.5.2019 Pcl