Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40487 of 2019 Applicant :- Satya Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 256 of 2019, under Sections 380, 457 and 411 I.P.C., P.S. Madnapur, district-Shahjahanpur and is in jail since 17.6.2019, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the neither the applicant was named in the FIR nor he has committed any offence. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. No incriminating article or material has been recovered either from the applicant or on his pointing out. The recovery of Rs. 70,000/- which has been allegedly shown from the applicant is totally fake and false. There is no public witness of the alleged recovery. Further submission is that all the offences are triable by the court of Magistrate. He also submitted that similarly placed co-accused Anuj has already been enlarged on bail by this Court by order dated 26.9.2019 passed in Criminal Misc. Bail Application No. 40016 of 2019. He lastly submitted that since the role of the applicant is identical to the co-accused Anuj, who has been granted bail is also entitled to be enlarged on bail on the ground of merits as well as parity.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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 :- 30.9.2019 Faridul