Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R. The recovery of the alleged motorcycle has been shown from the joint pointing out of applicant and other co-accused after three months of the alleged incident. It has further been submitted that the recovery of two other stolen motorcycle has also been shown from the possession of applicant and other co-accused. There is no independent witness of the alleged recovery. The applicant has not committed the alleged offence. False allegation has been made against him. The applicant is in jail since 16.05.2015.
Per contra, learned A.G.A. opposed the prayer for bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Sher Bahadur Yadav involved in Case Crime No.66 of 2015, Under Sections 379 & 411 I.P.C., Police Station Akbarpur, District Ambedkar Nagar, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 22.1.2016 Jitendra