Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49241 of 2018 Applicant :- Nitin Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 693 of 2018, under Sections 379, 411 IPC, Police Station Dadri, District Gautam Budh Nagar with the prayer to enlarge the applicant on bail.
As per the prosecution case, on 05.09.2018, the scooty of the complainant was stolen from outside of the home, later on the applicant and co-accused persons were arrested in F.I.R. No. 709 of 2018 by the Police of Police Station Dadri, Gautam Budh Nagar and nine motorcycles and scooty of the present case were recovered from their possession.
The contention as raised at the Bar by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no motive for the applicant to be involved in the present case. Except the present case, there is no criminal history against the applicant. The applicant is languishing in jail since 10.09.2018 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
The present case relates to the theft of one scooty. Keeping in view the submission of learned counsel for the accused- applicant, period of detention of the applicant and all the attending circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Nitin involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant 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 the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 21.12.2018 A. Tripathi