Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52480 of 2019 Applicant :- Neeraj Sharma @ Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as Mrs. Alpana Singha, learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 0384 of 2019, under Sections 419, 420, 468, 471 I.P.C. and Section 66 (D) of I.T. Act, Police Station-Govind Nagar, District Mathura.
It is submitted that the applicant is not named in the FIR and has been falsely implicated in the present case. The only allegation against him is that he received Rs. 1,000/- in his Pay TM account. It is lastly submitted that the applicant is having no criminal history and in case he is released on bail, he will not misuse the liberty of bail. The applicant is in jail since 03.10.2019.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant-Neeraj Sharma @ Sonu, involved in the above mentioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case crime number with the following conditions:-
(i) The applicant will not temple with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of Court, will attend the Court on every date 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Lbm/-