Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14105 of 2017 Applicant :- Saurabh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahesh Chand,Dushyant Singh Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Applicant- Saurabh Kumar seeks bail in Case Crime No. 541 of 2016 under Sections 394/412 IPC & 10/12 D.A.A. Act, Police Station Ikdil, District Etawah, during the pendency of trial.
It is argued by the learned counsel for the applicant that an FIR was lodged by the complainant on 12.12.2016 with the allegation that unknown persons had looted his loaded truck. The applicant was apprehended by the police merely on suspicion and has been connected with the present case showing the recovery of loaded truck from his possession and other persons. The applicant was not involved in any such offence as alleged in the FIR. The applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The co-accused, Uday Shaker Duney, has already been enlarged on bail by this Court vide order dated 12.04.2017. The applicant is languishing in jail since 14.12.2016 having no criminal history to his credit deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant has actively participated in the commission of loot. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail by pressurizing or intimidating the prosecution witnesses.
Without expressing any opinion on the merits, let the applicant Saurabh Kumar involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 Siddhant