Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18056 of 2019 Applicant :- Rocky alias Ashwani Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Rocky alias Ashwani has prayed to release him on bail in Case Crime No. 50 of 2019, u/s 411 I.P.C., P.S. Nidhauli Kala, District Etah.
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 with a false and planted recovery of a motorcycle from the nearby field, while accused applicant and two others were sitting over a motorcycle, whereas there is no such recovery nor there is confession. In the previous three cases he has been enlarged on bail and copies of orders have been with the record. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
Perusal of the orders reveals that the accused-applicant is on bail in previous case shown as his criminal antecedent. In the present case F.I.R. was against unknown and there was recovery of a motorcycle from an open space while accused applicant along with two others were sitting on the motorcycle. Meaning thereby no recovery on their pointing out was made nor it was covered nor independent public witness is there. 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, Rocky alias Ashwani, 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 :- 30.4.2019 Pcl