Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36370 of 2019 Applicant :- Mohd. Sami Opposite Party :- State Of U.P.
Counsel for Applicant :- Bal Ram Gupta Counsel for Opposite Party :- G.A.,Suman Kumar Yadav
Hon'ble Rajendra Kumar-IV,J.
In compliance of order dated 24.09.2019, Sri Ashwani Kumar Chaturvedi, Executive Engineer, Urban Electricity Distribution, Delhi Sujanpur, KESCO, Kanpur Nagar is present before the Court and filed his personal affidavit which is taken on record. Until further order of this Court, personal appearance of the above mentioned officer is dispensed with.
Heard Sri Bal Ram Gupta, learned counsel for the applicant, learned A.G.A. for State, Sri Suman Kumar Yadav, learned Counsel for Electricity Department and perused the material available on record.
Accused-applicant, involved in Case Crime No.740 of 2015 (S.T. No.508 of 2016), under Section 135 Electricity Act, Police Station Naubasta, District Kanpur Nagar, applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case for the purpose of harassment because he has not fulfilled illegal demand. Applicant committed no offence. Matter was inquired through checking Officer in which no illegality or irregularity was found. Cable was fully intact, there was no cut anywhere in the cable, seal of the meter was fully intact and load consumed was also found according to sanction load. There is no any independent or eye witness. Only the statement of interested witnesses of the department are there. Applicant has no criminal history and he is in jail since 16.08.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. as well as Sri Suman Kumar Yadav, learned Counsel for Electricity Department have opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant was found using the electricity by theft by adding two additional wires after cutting the service cable.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Mohd. Sami be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 25.9.2019 I.A.Siddiqui