Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14849 of 2019 Applicant :- Juggan Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Juggan has prayed to release him on bail in Case Crime No. 140 of 2019, u/s 420, 386, 394, 411, 120B I.P.C., P.S. Powayan, District Shahjahanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He is of no concern with above occurrence. The alleged recovery of Rs. 10,000/- is with no specific mark of identification, whereas he claims the money to be of his own, which was taken from his house and a false recovery has been planted without any independent public witness. He was not named in the F.I.R. and his name was brought on the basis of alleged planted recovery. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
F.I.R. reveals that the applicant was not named in it, though he was said to be involved in the above offence of robbery, but he was not said to have committed the robbery. Rather it was Mohasin and his son along with 3-4 other persons, who had committed the robbery. The recovery of Rs. 10,000/- is shown against the applicant, which is claimed by the applicant to be of his own. He is of no criminal antecedent. 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 applicant, Juggan, involved in above mentioned case crime number be released on bail on his 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 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 :- 30.4.2019 Pcl