Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47523 of 2019 Applicant :- Manu @ Imran Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit dated 27.11.2019 filed on behalf of the applicant is taken on record.
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. 189 of 2019, under Sections 380, 457 IPC, P.S. Dhampur, District- Bijnor, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 01.05.2019 impugned FIR was lodged under Sections 380, 457 IPC against unknown person. As per prosecution case, after 15 days six batteries of UPS have been recovered from the possession of co-accused Ashraf, who has disclosed the name of present applicant in his confessional statement that the present applicant was also involved alongwith him. It is further submitted that criminal history of the applicant has been explained in paragraph no. 8 of the application by contending that in all the cases, applicant is on bail. The applicant is languishing in jail since 18.07.2019 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 Manu @ Imran, 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 :- 27.11.2019 AK Pandey