Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22894 of 2019 Applicant :- Riyasat Alias Riyaj Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Riyasat alias Riyaj has prayed to release him on bail in Case Crime No. 147 of 2018, u/s 379, 420 I.P.C., P.S. Pheelkhana, District Kanpur Nagar.
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. He was not named in the FIR. It was lodged against unknown persons. Subsequently, a recovery was planted against him and upon his confessional statement, he has been falsely implicated in the present case. Criminal history has been duly explained in supplementary affidavit. Hence, bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail, but could not dispute the aforesaid facts.
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, Riyasat alias Riyaj, 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 :- 7.6.2019 NS