Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52158 of 2019 Applicant :- Prakash Chandra Meena Opposite Party :- State of U.P.
Counsel for Applicant :- Shams Uz Zaman,Ankur Goyal Counsel for Opposite Party :- G.A
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as Sri Krishna Gopal, learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No.0197 of 2019, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station Atimadpur, District Agra.
As per averments made in the FIR, on 05.08.2019 in place of applicant, one Om Prakash Kumar was appearing in the examination and was arrested from the examination center itself.
Learned counsel for the applicant points out that Om Prakash Kumar has been granted bail by another Bench of this Court on 24.09.2019 passed in Criminal Bail Application No.38370 of 2019, copy whereof has been annexed as Annexure No.2 to the bail application. It is further submitted that the applicant is having no criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 27.09.2019.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant-Prakash Chandra Meena, involved in the above mentioned case 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:-
(i) The applicant will not temple with the 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Ajeet