Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30175 of 2019 Applicant :- Salamat Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra 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.
This is a bail application on behalf of the applicant Salamat in connection with Case Crime No. 157 of 2019, under Sections 411, 413, 414 and 420 IPC, P.S. Shahjad Nagar, District Rampur.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that applicant was arrested with one stolen motor cycle and during investigation one more motor cycle was recovered from his possession. There is no public or independent witness of the alleged recovery. Offence is triable by the Magistrate. He further submitted that no proper identification parade was conducted by the police. Lastly he submitted that the applicant is languishing in jail since 22.05.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant, Salamat 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 in Case Crime No. 157 of 2019, under Sections 411, 413, 414 and 420 IPC, P.S. Shahjad Nagar, District Rampur subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.7.2019 Ujjawal