Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17772 of 2019 Applicant :- Guddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Guddu has prayed to release him on bail in Case Crime No. 18 of 2019, u/s 41/102 Cr.P.C. and Sections 411, 414, 420 I.P.C., P.S. Dhanari, District Sambhal.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He is with no criminal antecedents before alleged date of recovery. Whereas after above alleged date of recovery, he was planted in eight cases. Present occurrence was said to be arrest of three persons, who were boarded over a motorcycle, which was under suspicion of stolen i.e. under Section 41/102 of Cr.P.C., and then after this was held to be a stolen property and upon joint pointing of those three accused persons. Recovery of 14 other motorcycles, which were hidden in bushes near railway track, was mentioned in recovery memo, whereas there is no independent public witness of alleged recovery nor there was any such recovery of motorcycles. These were planted one and no such confession or pointing was made by accused applicant. Bail has been prayed for.
Learned AGA has vehemently opposed the bail application with this contention that eight motorcycles have been recovered upon the pointing of accused applicant.
First Information Report reveals that three persons were riding over a motorcycle, which was under suspicion of being stolen one and present accused applicant was pillion rider over it. It was said that those three persons confessed the above motorcycle to be stolen though it was not connected with any offence of theft under Section 382 of I.P.C. Subsequently, it was alleged that above motorcycle is one of the alleged recovered 14 motorcycles, written in F.I.R. This confession and pointing coupled with recovery, is being denied by accused applicant.
Accused applicant is of no criminal antecedents prior to date of occurrence. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Guddu, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 29.4.2019 Kamarjahan