Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7598 of 2019 Applicant :- Satyaveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kaushik,Anant Ram Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Satyaveer in connection with Case Crime No.696 of 2018, under Section 407 I.P.C., P.S. Khatauli, District Muzaffar Nagar.
The first information report of this incident was lodged by the owner of the truck with the allegation that certain goods were given to the applicant, who was the driver of the truck to be delivered at Dehradun. It was further mentioned that in the middle some of the items were illegally removed by the applicant and when it was enquired upon then it was found that the goods amounting to Rs.7,65,795/- were found less when they were delivered at Dehradun. The incident appears to have been taken place on 18.07.2019 and the matter was reported to the police on 26.07.2019. It was further alleged that the applicant, who was driver of the truck had ran away after the incident and he had left the job.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that nothing incriminating was recovered from the applicant. He submitted that the co-accused Raja has been admitted to the concession of bail by another Bench of this Court by order dated 30.11.2018 passed in Criminal Misc. Bail Application No.45861 of 2018, copy whereof has been annexed on page no.25 of the bail application. He claims parity. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 02.01.2019 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. However, learned A.G.A. does not dispute the factum of parity.
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 and also the fact that the co-accused Raja has been admitted to the concession of bail by this Court, 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 Satyaveer involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 30.9.2019 R./