Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40683 of 2019 Applicant :- Ram Naresh Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Manish Yadav learned counsel for the applicant as well as Sri Attreya Duta Mishra, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.354 of 2019 under sections 7/8 and 13 (1) (A) Prevention of Corruption Act, 1988, Police Station Fatehabad, District Agra, during the pendency of trial.
Learned counsel for the applicant has argued that the applicant has been made accused in this case on the basis of video having gone viral in which one police official was shown taking some money. There is no recovery of any amount from the accused- applicant. He has been falsely implicated.The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 20.08.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Ram Naresh involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.9.2019 AU