Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11230 of 2019 Applicant :- Sanjay Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Mahesh Chandra Tiwari,Kamal Dev Rai,Kiran Tiwari,Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Kamal Dev Raj, learned counsel for applicant and learned A.G.A. for State.
2. This bail application has been moved by the accused-applicant for enlarging him on bail in Case Crime No.385 of 2018, under Sections 392 and 411 IPC, Police Station-G.R.P. Agra Fort, District-Agra.
3. Learned counsel for applicant contended that applicant is not named in FIR. FIR has been lodged against unknown persons. It is contended that on information of Mukhbir, concerned police station arrested applicant with other co-accused during checking under Section 4/25 Arms Act. Applicant has been falsely implicated. He is innocent and he has no criminal history. Applicant is in jail since 08.01.1991. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Sanjay Kumar involved in aforesaid case be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 28.11.2019 Ashish Pd.