Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23033 of 2019 Applicant :- Jeetu Opposite Party :- State Of U.P. Counsel for Applicant :- Tufail Hasan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Jeetu, who is involved in Case Crime No. 279 of 2019, under Sections 411, 414, 420, 467, 468, 471, 34 I.P.C., P.S. New Agra, District Agra, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number, in which he was said to be driver of Belero. Three persons were said to be apprehended from above Bolero and upon their pointing out recovery of motorcycles lying thereat in a ditch was made, whereas there was no such confession nor there was any recovery on the pointing out of accused-applicant. Accused-applicant is having criminal history of three cases in which he is on bail and the same has been explained in affidavit supporting bail application. There is no independent public witness of alleged recovery. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that accused- applicant was driving Bolero concerned having three persons boarded in it and upon query they made confession about theft of above Bolero as well as motorcycle lying thereat in a ditch. There is no independent public witness of alleged recovery, which was from an open place.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Jeetu, 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 NS