Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20874 of 2019 Applicant :- Sandeep Mishra @ Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant was not named in the first information report and his name has came into light during the course of investigation. It is further submitted that the applicant has no concern with the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 11.2.2019. It has been pointed out that the applicant has no criminal history other than explained in supplementary affidavit, in which he is on bail. Co-accused Sandeep Singh @ Bablu and Uma Shankar Yadav have been enlarged on bail by this Court.
Learned A.G.A. opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Without expressing any opinion on the merits of the case let the applicant Sandeep Mishra @ Pintu involved in Case Crime No. 07 of 2019, under Sections 392/411 I.P.C., Police Station Kotwali Kapli, District Jalaun be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 31.5.2019 NS