Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22466 of 2019 Applicant :- Neeraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Neeraj, who is involved in Case Crime No. 199 of 2018, under Sections 411, 413, 414 I.P.C. and 41, 102 Cr.P.C., P.S. Kiratpur, District Bijnor, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number for recovery of eight suspected stolen motorcycles, whereas none of them has been connected with any offence of theft. Accused-applicant is of no concern with the alleged offence. Nothing incriminating has been recovered from the possession of applicant. There is no independent public witness of alleged recovery. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Neeraj, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.5.2019 NS