Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17941 of 2019 Applicant :- Navneet Opposite Party :- State Of U.P.
Counsel for Applicant :- Beerendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. No offence has been committed by the applicant. His name surfaced in the confessional statement of co- accused. There is no independent public eye witness to the incident. Nothing incriminating has been recovered from the possession of the applicant. False recovery has been shown from the possession of the applicant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 28.3.2019.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Navneet involved in Case Crime No. 890 of 2018, under Sections - 395, 324, 342, 120-B I.P.C., Police Station - Sasni, District - Hathras 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, subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.4.2019 Pcl