Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20120 of 2018 Applicant :- Rohit Bansal Opposite Party :- State Of U.P.
Counsel for Applicant :- Brijesh Sahai,Bhavya Sahai Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Brijesh Sahai, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant is not named in the F.I.R. and even his name has not come in the statement of first informant recorded under section 161 Cr.P.C., applicant has been implicated on the basis of statement of co-accused Joginder, which is not admissible in evidence. Further submission is that alleged recovery of mobile phone has been made from the shop of the applicant. Further submission is that alleged recovery has not yet been connected with any theft. Further submission is that applicant who is languishing in jail since 20.03.2018 has no criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. while opposing the prayer for bail has not disputed that recovery has not been connected with any theft.
Having heard the submission of learned counsel of both sides, considering that offence against the applicant are triable by the Magistrate and without commenting on the merits of the case, I deem proper to enlarge the applicant on bail.
Let applicant Rohit Bansal be released on bail in Case Crime No. 138 of 2018, under Sections 407, 411, 120B I.P.C., P.S. Surajpur, District Gautambudh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(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.
Order Date :- 29.5.2018 /Bhanu