Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30426 of 2019 Applicant :- Mahesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharique Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 546 of 2019, Under Sections 409, 147 and 323 I.P.C., P.S. Surajpur, district-Gautam Budh Nagar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that initially an FIR was lodged by the present accused against some unknown persons, alleging therein that they have looted cash of the bus. During investigation the police on the information of 'Mukhbir Khas' has recovered Rs. 10,000/- each from co-accused Vikas Veer and Mayank who were cashier. They have stated in their statements that the money was given to them by the applicant. No incriminating article has been recovered either from the applicant or on his pointing out. He further submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to political rivalry because the applicant is active in politics in bus depot.
He lastly submitted that the applicant has no criminal history and he is languishing in jail since 10.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Mahesh Kumar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 546 of 2019, Under Sections 409, 147 and 323 I.P.C., P.S. Surajpur, district-Gautam Budh Nagar subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Faridul