Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39787 of 2021 Applicant :- Naveen Opposite Party :- State of U.P.
Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 8.5.2018, police party arrested co-accused, Surendra @ Sonu and Shrawan Kumar with car on which forged number plate was fixed. During search, 2kg Doda powder and 15 packets of wine were recovered. One person fled away at the time of arrest whose name was disclosed by co-accused persons in their confessional statement before the police. The applicant was implicated in the present case by the police only on the basis of statement of co-accused.
It is submitted that applicant is innocent and he has falsely been implicated in the present case. He has not committed any offence. Nothing was recovered from his possession. He had not owned the car. He has not used forged number plate on the car. The applicant is languishing in jail since 13.7.2021 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, the nature of evidence on record, the fact that nothing was recovered from the possession of this applicant and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant - Naveen involved in Case Crime No. 0550 of 2018, under Sections 420, 467, 468 and 471 I.P.C., Police Station Kotwali Dehat, District Bulandshahr, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.12.2021 Arif