Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29555 of 2019 Applicant :- Sandeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 417 of 2019, under Section 63 of the Excise Act, P.S. Baghpat, District Baghpat with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case and that even as per prosecution version, the applicant was shown driver of the alleged vehicle. It was further submitted that there is no independent witness of the alleged recovery and that now the applicant is in judicial custody since 25.06.2019, having no criminal history.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that the applicant has no criminal history.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Sandeep involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
Order Date :- 31.7.2019 A. Tripathi