Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40736 of 2018 Applicant :- Mukesh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case in the Godown of the complainant on 9.6.2018, six petties Royal Stack (quarter), batteries, gas cylinder and other materials were stolen by some unknown persons. Subsequently, Mukesh and Shubham were arrested by the Police personnel and the aforesaid materials were recovered from the joint possession of the applicants.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 15.7.2018 (more than three months); seven cases of criminal history have been explained in which the applicants are on bail; the applicants are innocent and have been falsely implicated in the present case; recovery was shown falsely by the Police; no identification parade of person and property was conducted; there is no independent witness and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Mukesh and Shubham involved in Case Crime No. 525 of 2018, under Sections 380, 457 I.P.C., P.S.-Nai Mandi, District-Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1-The applicants will appear before the Chief Judicial Magistrate on first week of every month.
2. The appellants will not tamper with the evidence during the trial.
3. The appellants will not pressurize/ intimidate the prosecution witness.
4. The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.
5. The appellants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
6. The appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 OP