Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52172 of 2019 Applicant :- Om Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh,Vikash Pathak Counsel for Opposite Party :- G.A
Hon'ble Vivek Varma,J.
Supplementary affidavit filed by learned counsel for the applicant, is taken on record.
Sri Deepak Dubey, Advocate has put in appearance on behalf of first informant.
Heard Sri Santosh Kumar Singh, assisted by Sri Vikash Pathak, learned counsel for the applicant, Mrs. Alpana Singha, learned AGA for the State and Sri Deepak Dubey, learned counsel for the first informant and perused the record.
The applicant seeks bail in Case Crime No.217 of 2019, under Sections 392, 411, 457 I.P.C., Police station Kosikalan, District Mathura.
Learned counsel for the applicant submitted that he has not been named in the FIR and has been falsely implicated in the matter. Police has recovered Rs.1,60,000/- from the house of the applicant, which the applicant states that the said amount has been withdrawn from the account of his cousin brother. The said account is maintained in State Bank of India, Mathura. Statement of account has been annexed as Annexure No.3 to the bail application. It is further submitted that applicant is having no criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 29.04.2019.
Per contra, learned AGA as well as learned counsel for the informant 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-Om Prakash, 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 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 Ajeet