Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17625 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 applicant Saunu, who is involved in Case Crime No. 44 of 2019, under Sections 379, 411, 414 I.P.C., P.S. Refinery, District Mathura, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number, which was registered against unknown person; accused-applicant was arrested in another Case Crime No. 45 of 2019 and this offence of theft was implicated against him and in aforesaid case crime number, he has already been enlarged on bail by trial court itself, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
First Information Report of this case crime number was got lodged against unknown person for committing theft of scooty of informant Arun Kumar. Subsequently, a recovery under suspicion under Section 41/102 Cr.P.C. read with 411, 414 I.P.C. at Police Station Refinery in Case Crime No. 45 of 2019 was made and this scooty was connected with present offence of theft. The accused-applicant has been enlarged on bail in Case Crime No. 45 of 2019.
Considering the rival submissions, 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 :- 26.4.2019 NS