Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23426 of 2019 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Sandeep Kumar has prayed to release him on bail in Case Crime No. 78 of 2019, u/s 386, 323, 506 I.P.C., P.S. Kuthond, District Jalaun.
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 on the basis of confessional statement whereas First Information Report was against unknown miscreant and there is no independent public witness nor any identification of accused applicant. He is of no concern with any such occurrence till above date of alleged arrest. There was no criminal history of accused applicant but subsequently, he was implicated in three cases. Hence bail has been prayed for during trial. The applicant is in jail since 19.4.2019.
Learned A.G.A. has vehemently opposed the bail application.
FIR reveals that it was against unknown offenders. Name of accused applicant is there on the basis of his confessional statement. He is of no criminal antecedent prior to above date of arrest. 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, Sandeep Kumar, 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 :- 4.6.2019 Meenu