Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17705 of 2019 Applicant :- Naresh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicants Naresh and Rahul have prayed to release them on bail in Case Crime No. 258 of 2018, u/s 379, 411, 417, 120-B/34 I.P.C., P.S. Kidwai Nagar, District Kanpur Nagar.
Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.
Learned counsel for the applicants has argued that the applicants are innocent and they have been falsely implicated in this very case crime number, which was lodged against unknown two persons. Whereas accused applicants were apprehended by police and there are no money was recovered by them and this false implication with present case crime number was made by police. There was no independent witness of above alleged recovery. Though recovered money is being claimed to be of applicants. They are of no criminal antecedents. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Perusal of report reveals that there was no specific mark of identification of alleged stolen money. Whereas recovered money is being claimed to be of accused applicants, which too were of no specific mark of identification. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Naresh and Rahul, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 26.4.2019 Kamarjahan