Heard learned counsel for the applicant, Sri V.P. Dwivedi, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 1.1.2019 some unknown persons looted Rs. 15,69,000/- from ATM machine. During investigation, three accused persons namely Sajan, Raj Nishad and Nitesh Trivedi were arrested by the police. Rs. 150,000/- was recovered from the possession of accused Sajan, Rs. 490,000/- was recovered from the possession of accused Raju Nisha and Rs. 120,000/- was recovered from the possession of applicant.
It is submitted by learned counsel for the applicant that co-accused namely Raju Nishad and Saajan have already been granted bail by co-ordinate Bench of this Court vide order dated 21.11.2019, 8.8.2019 in Bail Nos. 9626 of 2019 and 7653 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 28.1.2019 (near about eleven months) having no previous criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no previous criminal history and the case of present applicant is identical to co-accused Raju Nishad and Saajan who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Nitesh Trivedi involved in Case Crime No. 1 of 2019, under Sections 457, 380, 411 IPC, Police Station Machhrehta, District Sitapur be released on bail on furnishing a personal bond and two 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 court below shall be at liberty to cancel the bail.
Order Date :- 20.12.2019 A. Singh