Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51886 of 2019 Applicant :- Ramnagina Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 529 of 2019, under Sections 379, 411 IPC, P.S. Shyamdeurawa, District- Maharajganj, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 3.8.2019 impugned FIR of theft of motor cycle no. UP 56 AA 6123 was lodged against unknown person registered as case crime no. 0529 of 2019. Thereafter, on 4.8.2019 three persons were intercepted by the police, namely Baliram Gupta, Amit Prasad @ Satyanand and Ramnagina (applicant) and one motor cycle from the possession of each persons were recovered. Thereafter, two motor cycle was further recovered on the joint possession of three persons and a separate FIR was registered as case crime no. 0175 of 2019, under Sections 379, 411, 413, 414, 420, in which the applicant has been granted bail by this Court vide order dated 22.11.2019 passed in Criminal Misc. Bail Application No. 51561 of 2019. It is further submitted that prior to 4.8.2019 applicant was having criminal history of one case being case crime no. 174 of 2019 and in other cases he has been implicated after 4.8.2019. The applicant is languishing in jail since 04.08.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail.
Hence, the bail application is hereby allowed.
Let the applicant Ramnagina Gupta, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.11.2019 AK Pandey