Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14649 of 2019 Applicant :- Navratan Opposite Party :- State Of U.P. Counsel for Applicant :- Hira Lal Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned counsel for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Offence under Section 364-A IPC is not attracted. It is further submitted that it appears improbable and unbelievable that victim was kidnapped by the applicant but was released immediately. Referring to contents of F.I.R. it is submitted that applicant has been falsely implicated in this case by the local police. The applicant has no criminal history. He is languishing in jail since 31.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. It is lastly submitted that the co-accused-Diwakar who has been assigned the main role, has already been enlarged on bail by this Court vide order dated 13th March, 2019 passed in Criminal Misc. Bail Application No. 10881 of 2019. The case of the applicant is on better footing to that of the co-accused Diwakar. As such the present applicant is also liable to be enlarged on bail.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties 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-Navratan involved in Case Crime No. 249 of 2018, under Sections 364-A, 392, 511 IPC, P.S. Sakaldiha, District - Chandauli 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. Further, before issuing the release order, the sureties be verified.
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 :- 26.4.2019 NS