Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49120 of 2018 Applicant :- Rajendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhan Kushwaha 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. 721/2018, under Sections 379, 411 IPC, Police Station Civil Line, District Badaun with the prayer to enlarge the applicant on bail.
As per the prosecution version, on 04.11.2018 at about 9:30 p.m., when the complainant was standing at bus stand and waiting for vehicle, the applicant and co-accused Mahesh have stolen his purse containing Rs. 2000/- and one mobile phone by playing trick, however they were apprehended and the purse and mobile phone of the complainant were recovered.
Learned counsel for the applicant has argued that the applicant has been falsely implicated in the present case. The applicant was known to the complainant since before incident. Nothing was recovered from the possession of the applicant. There is no criminal history against the applicant. The applicant is languishing in jail since 04.11.2018 and in case he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. have opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, 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