Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49615 of 2017 Applicant :- Pappu @ Yusuf Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Manish Yadav, learned counsel for the applicant and Sri Zafeer Ahmad, leaned AGA appearing for the State.
It is alleged that three unknown persons riding on a bike snatched one Mangal Sutra, one Chain, one Har and two Rings from the wife of the complainant and fled away from the place of occurrence.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the FIR was lodged against unknown persons and the applicant is not named therein. False recovery has been shown against the applicant and there is no independent witness of the alleged recovery. It is pointed out that the applicant has criminal history of 18 cases which has been properly explained in paragraph 10 of the supplementary affidavit filed in support of the bail application. The applicant has been granted bail by this Court in one another case today in Crl.Misc. Bail Application No.44487 of 2017. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 10.6.2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Pappu @ Yusuf involved in Case Crime No.249 of 2017, under Sections 392, 411 I.P.C., Police Station Achhnera, District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 30.3.2018 IA