Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20075 of 2018 Applicant :- Pankaj Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Kumar Singh,Beerendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Beerendra Pratap Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant is not named in the F.I.R., his name has come into light during the course of investigation. It is further submitted that alleged recovery of gold ring has not been made in presence of any public witness, the said recovery has been shown to implicate the applicant in the offence. It is further submitted that all five cases lodged against the applicant are of the period after the registration of the F.I.R. have been lodged. It is further submitted that applicant is in jail since 24.09.2017, he has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that in view of recovery made applicant does not deserve bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Pankaj be released on bail in Case Crime No. 535 of 2017, under Sections 392, 411 I.P.C., P.S. Jalesar, District Etah, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with 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 whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.5.2018 /Bhanu