Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23045 of 2019 Applicant :- Saunu Opposite Party :- State Of U.P.
Counsel for Applicant :- Lalit Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the accused-applicant, Saunu, who is involved in Case Crime No. 191 of 2019, under Sections-379 & 411 I.P.C., Police Station-Highway, District- Mathura, is seeking enlargement on bail.
Learned counsel for accused-applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number, which was got registered against unknown persons.; subsequently, a planted recovery was shown to have been made whereas no such recovery was there nor there was any independent public witness of the alleged recovery. Accused-applicant is of no criminal antecedents prior to the above date of recovery, however, subsequently he has been implicated in some other cases, but he is on bail in those cases, hence bail has been prayed for.
Sri K. K. Rajbhar, Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
Having heard learned counsel for both sides and considered material available on record, without commenting on merits of the case, the Court finds it a fit case for bail.
Having heard rival submissions of both the sides and gone through the material placed on record, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant, Saunu, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 31.5.2019 Pcl