Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46283 of 2017 Applicant :- Shahid Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Neta Singh Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Vakalatnama on behalf of complainant has been filed by Sri Vikash Chandra Tiari, Advocate, which is taken on record.
Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the complainant and perused the record.
The applicant seeks bail in Case Crime No.488 of 2017, under Sections 394, 341 and 411 I.P.C., Police Station-Dadri, District Gautam Buddh Nagar.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the matter with ulterior motive, whereas the FIR was unnamed. Later on the applicant is said to have been arrested alongwith one mobile that is said to have been connected to the present case. The recovery that has been shown from the applicant is false and fabricated one. There is no independent eye witness of the recovery. The applicant is 71 years of age having one leg and he is not in a position to commit such type of theft. The applicant is having no criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 15.9.2017.
Per contra, learned AGA as well as learned counsel for the complainant have vehemently opposed the prayer for grant of bail to the applicant and submitted that in the incident the complainant also received injury.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and also seeing the fact that applicant is 71 years of age and having no criminal history, prima facie, a case for bail is made out. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant-Shahid, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
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 :- 28.11.2017 Ajeet