Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40501 of 2019 Applicant :- Shubham Dutta Opposite Party :- State Of U.P.
Counsel for Applicant :- Piyush Tripathi 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. 195 of 2019, under Sections 379 and 411 I.P.C., P.S. Chopan, district- Sonbhadra, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against the present accused, alleging therein that his motorcycle was stolen by some unknown person on 17.12.2017 and on the date of complaint, i.e. 25.8.2019 the informant has found his motorcycle in the custody of the present accused.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the alleged motorcycle was challaned in Allahabad on 29.6.2019 and the owner of the motorcycle on that challan is named as Ravi Kumar Soni. If Ravi Kumar Soni is the owner of the motorcycle, how the applicant is the owner of the motorcycle. Further submission is that the offences are triable by Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 25.8.2019 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.
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 :- 30.9.2019 Faridul