Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.361 of 2019, under Sections 457, 380 and 411 I.P.C., Police Station Kotwali Nagar, District Ayodhya, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 12.06.2019. Learned counsel for the applicant submitted that the applicant is a student and and he has been falsely implicated by the police officials only to show good work and as per the prosecution story, the alleged theft of the mobiles was done on 05.05.2019 and the applicant was arrested on 11.06.2019 alongwith the stolen mobile near the place of the incident. It is further submitted on behalf of applicant that it is very surprising that again the applicant came back with the stolen mobile to the place of incident, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Shanu @ Saif Ali be released on bail in Case Crime No.361 of 2019, under Sections 457, 380 and 411 I.P.C., Police Station Kotwali Nagar, District Ayodhya, on his/their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 30.7.2019 Ravi Kant