Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23688 of 2019 Applicant :- Satish Opposite Party :- State Of Up Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Satish has prayed to release him on bail in Case Crime No. 131 of 2019, u/s 394, 427, 411 I.P.C., P.S. Sector 49 Noida, District Gautam Budh Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, which was got registered against unknown persons. Subsequently a recovery was planted against five persons of possessing a swift dezire car. There is no independent public witness of alleged recovery. His name came in the confessional statement of co-accused Lalit who has already been enlarged on bail by the trial court. Hence bail has been prayed for, during trial.
Learned AGA has vehemently opposed the bail application.
Having heard learned counsel for both side and gone through the materials placed on record, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant Satish involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 7.6.2019 Radhika