Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23654 of 2019 Applicant :- Kamal Kishor Opposite Party :- State Of U.P.
Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
Present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.56 of 2019, under Sections 379, 411, 414 I.P.C., P.S. Makkhanpur, District Firozabad.
Learned counsel for the applicant argued that accused applicant is innocent and has been falsely implicated in this very case crime number which was got registered against unknown miscreants. Subsequently, after 13-14 days, this recovery was planned showing the same from joint possession of three persons. It is also submitted that there is no independent or public witness of the alleged recovery nor any confession was made by the accused applicant. It was planted recovery. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 18.04.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that co-accused has been released on bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Kamal Kishor involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 6.6.2019 Meenu