Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40410 of 2019 Applicant :- Manishpal Alias Harendrapal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Nandan Pandey 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. 753 of 2019, under Sections 392 and 411 I.P.C., P.S. Sector 39 Noida, district-Gautam Budh Nagar, is seeking enlargement on bail during the trial.
The motorcycle of the informant was looted by some unknown person on 28.7.2019 and the looted motorcycle was allegedly recovered from the possession of the present accused and the other co-accused on 2.8.2019 when they were arrested by the police during checking.
Learned counsel for the applicant submitted that neither the applicant was named in the first information report nor he has committed any offence. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Nothing has been recovered either from the applicant or on his pointing out. The recovery which has been shown from the applicant's possession is totally fake and false. There is no public witness of the alleged recovery. No identification parade was conducted by the police during investigation to ascertain the real culprit. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 2.8.2019 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, Manishpal Alias Harendrapal involved in the aforesaid case 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 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 :- 27.9.2019 Faridul