Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42459 of 2018 Applicant :- Rajendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 381 / 2018 under Sections 379, 411 IPC, Police Station Shamshabad, District Agra with the prayer to enlarge the applicant on bail.
As per the prosecution case, on 13.09.2018 when the complainant was coming from Muraina to Fatehabad and stopped near village Jharpura, the applicant along with two other co-accused persons took away the bag containing Rs. 350000/- and some jewellery from his motorcycle. The applicant and co-accused persons were arrested in this case and recovery of Rs. 1,20,000/- was made from the applicant.
The contention as raised at the Bar by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is no motive for the applicant to be involved in the present case. There is no criminal history against the applicant. The applicant is languishing in jail since 24.09.2018 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
The alleged incident took place on 13.09.2018 but the F.I.R. was lodged on 23.09.2018. It has been pointed out that the co- accused Raju and Suresh have been granted bail by the Sessions Court, Agra. Keeping in view the submission of learned counsel for the accused-applicant, period of detention of the applicant and all the attending circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Rajendra involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 20.12.2018 A. Tripathi