Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40482 of 2019 Applicant :- Sahanshah Alias Mukesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 89 of 2019, under Sections 392 and 411 I.P.C., P.S. Jahagirpur, district-Bulandshahar, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against unknown person, alleging therein that on 28.6.2019 at about 12:00 p.m. when he was going to his house along with his brother on his motorcycle after withdrawing Rs. 50,000/- from PNB, Jagdishpur Branch, suddenly three unknown persons came on a bullet, overtake them and have committed loot and fled away from the spot.
Learned counsel for the applicant submitted that neither the applicant was named in the FIR nor he has committed any offence. The incident took place on 28.6.2019 and the applicant was arrested by the police after four days of the incident and recovery of Rs. 9000/- was allegedly shown from his possession. He next submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. There is no public witness of the alleged recovery or alleged motorcycle which was used in the crime. No identification parade was conducted by the police during investigation to ascertain the real culprit. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 2.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs.
State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sahanshah Alias Mukesh involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.9.2019 Faridul