Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17333 of 2019 Applicant :- Naveen @ Navee Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 678 of 2017, under Sections 379, 411 and 413 I.P.C., P.S. Madavara, district-Lalitpur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is not named in the first information report. His name as an accused in the present case surfaced for the first time during investigation. It is next submitted that nothing has been recovered from the possession of the applicant nor from his pointing out. It is also submitted that the recovery which has been shown by the police the same was planted by the police on the instructions of persons having ulterior motive. It is further submitted that all the offences with which the accused has been implicated are triable by the Magistrate. There is no public witness of the alleged recovery. He lastly submitted that the applicant, who is in jail since 30.9.2017 is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A. and submitted that the applicant is having criminal history of more than 10 cases, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant has submitted that he has explained the criminal history in paragraph SA-1 to the supplementary affidavit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Naveen @ Navee Khan be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 678 of 2017, under Sections 379, 411 and 413 I.P.C., P.S. Madavara, district-Lalitpur subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 25.4.2019 Faridul