Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17069 of 2019 Applicant :- Jasu And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Anchal Ojha Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicants Jasu and Shweta have prayed to release them on bail in Case Crime No. 27 of 2019, u/s 380, 411 I.P.C., P.S. G.R.P. Meerut, District Meerut.
Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.
Learned counsel for the applicants has argued that the applicants are innocent and they have been falsely implicated in this very case crime number. The F.I.R. was lodged against unknown persons and subsequently after one month this recovery is said to have been made from the accused-applicants, whereas there was no such recovery and there was no independent public witness of the alleged recovery and two cases were planted against the applicants on the basis the same alleged recovery, out of which in one of the cases the applicants have been enlarged on bail by a coordinate Bench of this court. The said criminal history are of the same date after the alleged recovery. The applicants are ladies. There is no likelihood of applicants' fleeing from course of justice or tempering with evidence in case they are released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application on the ground of criminal history.
F.I.R. was lodged against unknown persons and the alleged recovery was with no independent public witness. The criminal history has been duly explained. 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 applicants, Jasu and Shweta, involved in above mentioned case crime number be released on bail on their each 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their 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 their bail.
Order Date :- 25.4.2019 Pcl