Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56546 of 2019 Applicant :- Ran Singh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Pandey Counsel for Opposite Party :- G.A
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
By means of this application, the applicants, who are involved in case crime no. 905 of 2019, under Sections 420 IPC, P.S. Sadar Bazar, District-Agra, are seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicants that as per prosecution case, the allegation against the applicants is that 200 notes of Rs. 500/- of Indian Manoranjan Bank and an amount of Rs. 500/- have been recovered from the possession of applicant no.1 and 118 notes of Rs. 500/- of Indian Manoranjan Bank and an amount of Rs. 1000/- have been recovered from the possession of applicant no.2. After interception of the applicants by the police, they have confessed that they were involved in exchange of counterfeit notes of Rs. 500/- in the currency of Rs. 500/- The main substratum of argument of learned counsel for the applicants is that applicants have been falsely implicated in this case, whereas no such recovery has been made from the possession of applicants as mentioned in the recovery memo, in fact some altercation took place between the applicants and police personells during checking of vehicle, as such on account of this reason, applicants have been falsely implicated. It is further submitted that it is admitted case of the prosecution that no counterfeit currency has been recovered from the possession of applicants. The applicants are languishing in jail since 16.11.2019 and the applicants undertake that in case they are released on bail, they 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 applicants have made out a fit case for bail.
Hence, the bail application is hereby allowed.
Let the applicants Ran Singh and Ishu Tiwari, 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants 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 applicants will not indulge in any unlawful activities.
(iv) The applicants 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 applicants 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 :- 18.12.2019 AK Pandey