Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10369 of 2019 Applicant :- Manoj Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Shyam Shanker Mishra, Advocate has filed his parcha on behalf of applicant which is taken on record.
Heard learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.1292 of 2018, under Sections - 380, 457, 411 I.P.C., Police Station - Kavinagar, District - Ghaziabad during the pendency of trial.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further submitted that only one laptop has been recovered from the possession the accused-applicant. It is further submitted that co-accused Manish has been granted bail by this Court vide order dated 27.3.2019 passed in Criminal Misc. Bail Application No. 12240 of 2019. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 29.1.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Manoj involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 Neeraj