Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15032 of 2019 Applicant :- Sanju Alias Sanjay Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Counter-affidavit has been filed by learned A.G.A. and the same is taken on record.
Heard Sri Noor Muhammad, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 330 of 2018 under Sections 392 and 411 I.P.C., P.S. Barhan, District Agra.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; police had arrested the accused applicant in police encounter on 31.01.2019; two months after the occurrence, some jewellery of white metal was recovered from applicant which was not got identified by the complainant/informant; the accused had no previous criminal history, however after this occurrence, two cases were slapped i.e. one under Section 25 of Arms Act and another under Section 411 I.P.C.; the accused applicant is in jail since 31.01.2019; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Sanju Alias Sanjay involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 A. Mandhani