Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15701 of 2019 Applicant :- Laljeet @ Jogendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Satendra Singh, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Laljeet @ Jogendra with a prayer to release him on bail in Case Crime No. 263 of 2017, under Sections 135 Electricity Act and Sections 332, 353, 504 I.P.C., Police Station- Kurra, District- Mainpuri, during pendency of trial.
It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The false allegations have been made in the F.I.R. with regard to the theft of electricity. Nothing incriminating has been recovered from his possession. The applicant is languishing in jail since 21.02.2019. The applicant has no criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall deposit a sum of Rs. 100,000/- in the form of F.Ds. in favour of the Executive Engineer, 33/11 K.V. Sub Division, Lekhrajpur within a period of one month from the date of his release from jail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.4.2019 JK Yadav