Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40958 of 2018 Applicant :- Harshit Dwivedi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three unknown persons alleging that on 6.7.2018 they looted golden chain, four rings, two mobile and Rs. 14,000/- from the complainant. Later on, accused Akshya Singh @ Rahul Singh, Harshit Dwivedi, Shivansh Katiyar @ Happy and Abhinav Yadav were arrested by the police and recovered illegal arms and Rs. 610/-.
It is submitted by learned counsel for the applicants that he applicants are innocent and have been falsely implicated in the present case. Offences levelled against the applicants are not attracted in the present case. With regard to person and property, identification parade has not been conducted. Recovery was false and planted. There is no independent witness against the applicants. They are languishing in jail since 17.7.2018 (more than three months) having no previous criminal history, five cases roped by the police after this incident and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no previous criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicants Harshit Dwivedi and Shivansh Katiyar alias Happy involved in Case Crime No. 185 of 2018, under Sections 392, 411 IPC, Police Station Thathiya, District Kannauj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2018//A. Singh