Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37968 of 2019 Applicant :- Istakar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Istakar in connection with Case Crime No.231 of 2019, under Sections 392, 411 I.P.C., P.S. Bilsi, District Budaun.
The first information report of the incident was lodged on 28.07.2019 with the allegation that when the complainant along with his family was returning to his village by ambulance some unknown persons stopped the ambulance and looted gold ornaments from his family members.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was arrested by the police on the information given by the police informer and certain alleged recoveries were made from the possession of the applicant. He submitted that there is no public witness of the alleged recovery. He submitted that no proper identification parade was conducted by the police to ascertain the real culprits. He further submitted that the previous criminal history of the applicant has satisfactorily been explained in paragraph no.12 of the bail application. He submitted that the applicant is languishing in jail since 01.08.2019 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 Istakar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 30.9.2019 R./