Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14234 of 2017 Applicant :- Pradeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudeep Kumar Pathak,Sucheta Pathak Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Applicant- Pradeep Case Crime No.63 of 2017 under Sections 411, 413, 414, 420, 467, 468, 471 IPC, Police Station Bharthana, District Etawah 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 has maliciously been prosecuted with oblique motive by showing recovery of motorcycle from the possession of the applicant by arresting him and thereafter, 7 other motorcycles have also been shown to have been recovered from the possession of the applicant and two other accused persons who are named in the FIR. The applicant is absolutely innocent and has been falsely implicated in the case with ulterior motive at the inkling of the local police and in connivance with the interested person. The applicant is not a previous convict. Co- accused Ramu Shakya has been enlarged on bail by this Court on 07.4.2017. The applicant is languishing in jail since 17.01.2017 having no criminal history to his credit deserves to be released on bail. 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 is habitual offender and in case the applicant is released on bail he will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicant Pradeep 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