Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17490 of 2019 Applicant :- Satish Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Pathak,Harshit Pathak Counsel for Opposite Party :- G.A.,Devendra Saini
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Devendra Saini, learned counsel for the complainant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 751 of 2018, under Sections 420, 467, 468, 471, 120B, 506 IPC, P.S. Kotwali Dehat, District Saharanpur.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case due to village party bandi. It is further contended that there is a family dispute between the parties over the distribution of property. It is further contended that the applicant is more than 60 years of age and the report has been lodged by the niece of the present applicant and he has nothing to do with the alleged offence. It is further contended that the all the offences are triable by the Court of Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 30.3.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA 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 Satish 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 shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 31.7.2019 Mini