Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17698 of 2019 Applicant :- Pintu Singh @ Abhishek Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Pintu Singh @ Abhishek Singh has prayed to release him on bail in Case Crime No. 09 of 2019, u/s 380, 411 I.P.C., P.S. Shivli, District Kanpur Dehat.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Informant is his real brother and this report under Section 380 of I.P.C. was got lodged against Rinku Singh @ Suryabhan Singh, who was seen to commit theft from above temple by Ankur Singh @ Loha Singh and he has informed this to informant and then after this report was got lodged. Subsequently, those stolen ornaments of deity was recovered and accused applicant was apprehended. Then accused Rinku Singh @ Suryabhan Singh confessed that he has committed offence under instruction and assistance of present accused applicant whereas accused applicant was neither apprehended on spot nor his name was there in FIR nor there was any recovery from him. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Pintu Singh @ Abhishek Singh, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.4.2019 Kamarjahan