Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31243 of 2021 Applicant :- Sahkul Opposite Party :- State of U.P.
Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 17 of 2021, under Sections 406, 420, 467, 468, 471, & 411 IPC, Police Station Barsana, District Mathura, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence.
(ii) Applicant is not named in the FIR. He has been arrested with the co-accused Tarun and on the statement of Tarun his name came into light. The alleged recovery is false and fake.
(iii) Applicant is in jail since 19.05.2021, having no criminal history.
(iv) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, role of accused, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Sahkul be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 19.8.2021 I.A.Siddiqui