Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17337 of 2019 Applicant :- Lalu Opposite Party :- State Of U.P. Counsel for Applicant :- Himanshu Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Lalu in connection with Case Crime No. 23 of 2019, under Sections 379 and 411 IPC, P.S. Saurikh, District Kannauj.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case due to village party bandi and his name was not named in the FIR. He further submitted that the accused was arrested by the police and certain recovery was alleged to have been made from the accused but there is no public witness of the alleged recovery. Offence is triable by the Magistrate. He further submitted that the offence which has been alleged to have been committed by the accused is punishable with less than seven years. Lastly he submitted that the appellant is languishing in jail since 19.1.2019, having no criminal history and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Lalu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 30.4.2019 Mini