Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23388 of 2019 Applicant :- Shakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Shakir has prayed to release him on bail in Case Crime No. 38 of 2019, u/s 457, 380, 411 I.P.C., P.S. Chhata, District Mathura.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, which was against unknown miscreants. Subsequently, a recovery memo was prepared. Even in above recovery memo, accused applicant was shown to be fled from spot. Subsequently, second recovery memo was prepared, in which accused applicant has been planted with recovery of Rs. 20,000/-, which he has claimed to be of his own. He is of no criminal antecedent till above date of recovery and after it, he has been planted in other cases also. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application on the ground of criminal cases, which as said to be subsequently planted.
Having heard learned counsels for both sides and gone through the material placed on record, it is apparent that accused applicant was not named in the FIR and alleged recovery memo of Rs. 20,000/-, is with no specific mark of identification and the same is being claimed to be of his own. He is of no criminal antecedent till above date of recovery. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Shakir, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 4.6.2019 Kamarjahan