Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29960 of 2019 Applicant :- Shiva Singh @ Shiv Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sameer Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
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. 1979 of 2017, under Sections 420, 380 and 411 I.P.C., P.S. Vijaynagar, district-Ghaziabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was not named in the first information report. He was arrested by the police along with other co-accused and certain recoveries have allegedly been made from their possession. There is no public witness of the alleged recovery. No identification parade was conducted to ascertain the real culprit. Further submission is that all the offences are triable by Court of Magistrate. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He also submitted that similarly placed co-accused has already been granted bail by another Bench of this Court vide order dated 10.12019 passed in Criminal Misc. Bail Application No. 49450 of 2019, copy whereof has been filed as Annexure-4 to the affidavit accompanying the bail application.
He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 5.9.2018 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 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, Shiva Singh @ Shiv Kumar 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 in Case Crime No. 1979 of 2017, under Sections 420, 380 and 411 I.P.C., P.S. Vijaynagar, district-Ghaziabad 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 :- 26.7.2019 Faridul