Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23446 of 2019 Applicant :- Ramjit Alias Balbeer @ Balle Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Learned counsel for the applicant is permitted to correct the name of the applicant in the memo of the application.
By means of this application the applicant Ramjit alias Balbeer @ Balle has prayed to release him on bail in Case Crime No. 49 of 2019, u/s 392, 411 I.P.C., P.S. Sureer, 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 he has been falsely implicated in this very case crime number. It was a case of purchase of tractor with hypothetication of same in favour of the agency because of dues of 60% for which a separate loan alongwith pledge was made by the informant. Subsequently the tractor with trolley was alleged to be taken away back by agency through owner himself but this false case was got registered against the accused applicant. The applicant has no criminal antecedent. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Perusal of statement of the informant recorded under section 61 Cr.P.C. reveals that it was a suspicion against the agency owner which is being said in the bail application.
Under all above facts and circumstances, 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 Ramjit Alias Balbeer @ Balle 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 :- 4.6.2019 Rk