Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23609 of 2019 Applicant :- Sanoj @ Mama Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant, Sanoj @ Mama, who is involved in Case Crime No.24 of 2019, under Sections 394, 412 I.P.C., P.S. Kotwali Auraiya, District Auraiya, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; co-accused Subhash Baghel and Pankaj Yadav have been enlarged on bail with same accusation; accused-applicant is neither named in first information report nor there was any recovery from his possession; though alleged truck has been said to be recovered from joint possession of three accused, out of whom two have been enlarged on bail; Rs.35,000/- said to be recovered from possession of accused-applicant is claimed to be of his own and it was with no concern with alleged robbery; he is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Sanoj @ Mama, be released on bail in Case Crime No.24 of 2019, under Sections 394, 412 I.P.C., P.S. Auraiya, District Auraiya, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 6.6.2019 bgs/