Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8364 of 2019 Applicant :- Sandeep @ Nikki @ Vikki Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Applicant claims to have been falsely implicated in this case on account of various reasons. One of them being that his name surfaced only in the confessional statement of co-accused, whereupon false recovery of one mobile cell phone was imputed against him, which is not supported by any independent public witness.In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 24.8.2012 Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Sandeep @ Nikki @ Vikki involved in Case Crime No. 223 of 2012, under Sections - 412 I.P.C., Police Station - Sikandara, District - Agra 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
(iv) The applicant will not commit offence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2019 S Rawat