Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40428 of 2019 Applicant :- Shashiya @ Shashi Kapoor Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 35 of 2019, under Section 392 I.P.C., P.S. Nagla Khangar, district- Firozabad, is seeking enlargement on bail during the trial.
It is alleged in the first information report that when the informant was going on Lucknow-Agra Express along with others way when they reached near 71 mile stone number, they saw a bag lying on the road, they stopped the car, suddenly four young boys rushed to the spot and have committed loot.
Learned counsel for the applicant submitted that the applicant was not named in the FIR. His name as an accused in the present case surfaced for the first time in the confessional statement of co-accused Sarvesh, who was arrested by the police on the information of the police informer. No incriminating article or material has been recovered either from the applicant or on his pointing out. No identification parade was conducted by the police during investigation to ascertain the real culprit. Further submission is that the offence is triable by the court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 29.3.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Shashiya @ Shashi Kapoor involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.9.2019 Faridul