Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14269 of 2017 Applicant :- Pawan @ Bantu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant-Pawan @ Bantu Yadav seeks bail in Case Crime No. 167 of 2016 under Sections 392, 411, 420 IPC, Police Station Sakit, District Etah during the pendency of trial.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is falsely implicated by showing the recovery of stolen Bolero car from the joint possession of the applicant and co-accused person Amar Pal @ Chhotu Yadav who has been granted bail by this Court on 11.4.2017. There is no independent witness to support the prosecution case. The applicant is not a previous convict. The applicant is languishing in jail since 07.8.2017. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant has actively participated in the commission of theft of Bolero car. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail by pressurizing or intimidating the prosecution witnesses.
Without expressing any opinion on the merits, let the applicant Pawan @ Bantu Yadav involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 Ruchi