Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20048 of 2018 Applicant :- Shohrab Shekh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheo Shankar Tripathi,Adya Prasad Tewari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Adya Prasad Tewari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. Further submission is that applicant who is the friend of opposite party no. 2 has operated the ATM card in question only once at the instruction of opposite party no. 2 to fetch money for his treatment. It is further submitted that F.I.R. of the incident has been lodged with delay of about three months without any plausible explanation. Further submission is that applicant who is in jail since 24.04.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer saying applicant having admitted to have used the ATM card, he does not deserve bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Shohrab Shekh be released on bail in Case Crime No. 554 of 2014, Criminal Case No. 339 of 2016, under Sections 379, 420 I.P.C., P.S. Shahpur, District Gorakhpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.5.2018 /Bhanu