Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36391 of 2019 Applicant :- Sandeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Sandep in connection with Case Crime No.234 of 2019, under Sections 406, 420 I.P.C., P.S. Hapur Nagar, District Hapur.
As per the first information report lodged by the complainant with the allegation that on 07.03.2019 some unknown persons had withdrawn Rs.6,55,885/- from his bank account. The name of the present applicant has surfaced in the confessional statement of co- accused Deepak, who was arrested in another offence.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was identified by the complainant. He submitted that the applicant is residing in the State of Haryana and has been falsely implicated. He further submitted that nothing incriminating was recovered from the possession of the applicant. He further submitted that no identification parade was conducted by the police to ascertain the real culprits. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 06.07.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
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, 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 Sandeep involved in the aforesaid crime be released on bail on 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 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 :- 30.9.2019 R./