Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30484 of 2019 Applicant :- Shivendra Kumar Singh And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicants Shivendra Kumar Singh, Samar Bahadur Singh, Ashwani Kumar Singh and Jhinku Singh in connection with Case Crime No. 235 of 2019, under Sections 384, 420 IPC, P.S. Sarai Lakhansi, District Mau.
The contention of the learned counsel for the applicants are that the allegation levelled against the applicants in the FIR is totally fake and false and they have been falsely implicated in the present case. He further submitted that the applicants were working under the contractor namely Sawood Abbasi in whose name the contract for recovering the parking fee was issued by the Nagar Palika Parishad, Mau. He further submitted that the accused persons were arrested on the information of the informer. Offence is triable by the Magistrate. He further submitted that co-accused Padumnath Singh, Chandrajeet Yadav @ Makhanchu Yadav, Santosh, Harinath Yadav and Mahendra Chauhan, having similar role, have already been enlarged on bail vide orders dated 26.07.2019 and 25.07.2019 passed in Criminal Misc. Bail Application Nos. 30106 of 2019 and 29882 of 2019. Lastly, he submitted that the applicants have no criminal history and they are languishing in jail since 27.6.2019 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Shivendra Kumar Singh, Samar Bahadur Singh, Ashwani Kumar Singh and Jhinku Singh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission.
v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 30.7.2019 Ujjawal