Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30534 of 2019 Applicant :- Santosh Srivastava Opposite Party :- State Of U.P. Counsel for Applicant :- Saurabh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 389 of 2019, under Sections 419, 420 I.P.C. & Section 66-CD of the Information Technology Act, P.S. Mahuli, District Sant Kabir Nagar.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He submitted that there is no proper identification of the accused was conducted by the police and no ATM card of the name of the complainant was ever recovered from the present accused. Offence is triable by the court of Magistrate. He further submitted that the co-accused Brijesh Kumar Pandey who was having similar role, has already been enlarged on bail vide order dated 03.07.2019 passed by this Court in Criminal Misc. Bail Application No. 22484 of 2019.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 07.02.2019 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 Santosh Srivastava be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Shanu