Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32246 of 2019 Applicant :- Jogendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Devendra Saini Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Devendra Saini,learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The applicant-accused was not arrested on the spot. Nothing incriminating material has been recovered from him or on his pointing out. Alleged recovery is planted on him. In FIR itself mentioned that no name was mentioned on the drum. The applicant has no other criminal history and is in jail since 11.07.2019. After investigation charge sheet has been filed. He is permanent residence of that place and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and 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 the applicant- Jogendra be released on bail in Case Crime No.60 of 2016 under section 3/7 The Essential Commodities Act, 1955, Police Station- Fatehpur, District- Saharanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.8.2019 Ashutosh Pandey