Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23070 of 2019 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Rahul has prayed to release him on bail in Case Crime No. 31 of 2019, u/s 392, 411 I.P.C., P.S. Mahavan, District Mathura.
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 has been falsely implicated in this very case crime number, which was got registered against unknown miscreants. Subsequently upon information of police informer a recovery was planted against accused applicant in which a mobile phone and a Tamancha were said to have been recovered from him, whereas there was no such recovery from him nor he ever made any confession of guilt nor there was any independent public witness of alleged recovery nor accused applicant is of any criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application but could not oppose the fact that the accused applicant is of no criminal antecedent.
Having heard learned counsel for both sides, gone through the material placed on record, 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, Rahul, 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 :- 31.5.2019 Pcl