Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38923 of 2019 Applicant :- Raju @ Roop Kishor Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 177 of 2019, under Sections 413, 420 and 468 I.P.C., P.S. Musajhag, district-Budaun, is seeking enlargement on bail during the trial.
As per first information report which was lodged by the police, alleging therein that twelve motorcycles were recovered from the possession of four accused persons including present applicant.
Learned counsel for the applicant submitted that the applicant has not committed any offence but the police only to increase the gravity of offence implicated the applicant in the present case. Nothing has been recovered from the applicant's possession. The recovery which has been allegedly shown from the applicant is totally fake and false and there is no public witness of the alleged recovery. He lastly submitted that the applicant is languishing in jail since 6.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is having criminal history of eight cases, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant submitted that he has explained the criminal history in paragraph 4 of the supplementary affidavit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs.
State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Raju @ Roop Kishor involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.9.2019 Faridul