Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46533 of 2017 Applicant :- Nankai Opposite Party :- State Of U.P.
Counsel for Applicant :- Gyan Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.
The applicant seeks bail in Case Crime No. 528 of 2017, under sections 411,414 I.P.C., Police Station Saini, District Kaushambi.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the matter and from the possession of two persons 8 motorcycles are said to have been recovered. The recovery that has been made is false and frivolous one. There is no independent eye witness of the recovery. It is next submitted by the learned counsel that the applicant was at the place of incident for getting his motorcycle repaired. It is next contended that the applicant is in jail since 10.9.2017 with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, a prima facie case for bail is made out.
Let the applicant Nankai be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
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 before the bonds are accepted.
Order Date :- 29.11.2017 N.A.