Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49154 of 2018 Applicant :- Manoj Tomar Opposite Party :- State Of U.P.
Counsel for Applicant :- Samarth Sinha,Kapil Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard Sri Samarth Sinha, learned counsel for the applicant and the learned A. G. A. for the State.
I have perused the record.
As per prosecution version on 11.11.2018 at 9.00 p.m. the complainant has parked his car at the corner of a road in Sector 8, Noida. After twenty minutes when he came back, he found that the bag containing the lap top, charger and Rs.20,000/- and some documents were stolen by someone. It appears that later on the applicant and the accused were arrested in case FIR No. 1821 of 2018 Police Station- Sector 20 Noida and the lap top was recovered from them.
Contention of learned counsel for the applicant is that the accused- applicant has not been named in the FIR but he has been falsely implicated in the present case due to ulterior motive; that in the FIR the recovery of the alleged lap top has been shown from the car, which was being carried by applicant accused and three co-accused; that the applicant is in jail since 14.11.2018 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail.
Considering the submissions made by the learned counsel for the applicant as well as the learned AGA, and perusing the record without expressing any opinion on the merits of the case, at this stage prima facie a case for bail has been made out.
In view of the above, let the applicant Manoj Tomar be released on bail on furnishing a personal bond and two sureties by each, to the satisfaction of the court concerned in Case Crime No. 1819 of 2018 under Sections 379, 411, 427 IPC, P.S. Sector 20, District Gautam Budh Nagar, with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.12.2018 Ujjawal