Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56346 of 2019 Applicant :- Manish Gautam Opposite Party :- State of U.P.
Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 35 of 2019, under Sections 392 IPC, P.S. Tahrauli, District-Jhansi, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 6.3.2019 FIR of robbery of ornaments was lodged by informant against unknown person. Thereafter, on 29.08.2019 applicant and other co-accused Sonu Ahirwar were apprehended by the police showing a recovery of one country made pistol and an amount of Rs. 200/- from the possession of applicant and one country made pistol and some ornaments from the possession of co-accused Sonu Ahirwar. On the basis of said recovery, applicant has been falsely implicated in two cases being case crime no. 0515 of 2019, under section 3/25 of Arms Act and in case crime no.0035 of 2019 (present case). The main substratum of arguments of learned counsel for the applicant is that applicant has been falsely implicated in this case and there is no recovery of ornaments from the possession of applicant. It is also pointed out that prior to 29.08.2019 applicant was not having any criminal history. The applicant is languishing in jail since 29.08.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Manish Gautam, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 18.12.2019 AK Pandey