Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29920 of 2019 Applicant :- Siya Ram Opposite Party :- State Of U.P. Counsel for Applicant :- Saurabh Roy 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 applicant in connection with Case Crime No.519 of 2013, under Sections 420, 406, 380 IPC, P.S. Kalyanpur, District Kanpur Nagar.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and he has been falsely implicated in the present case just to grab the money. He further submitted that the FIR has been lodged on 29.6.2013 whereas the offence is said to have been committed on 9.4.2013 and there is no plausible explanation of the delay in lodging the FIR. Offence is triable by the Magistrate. He further submitted that the co-accused Shri Ram and Shri Kishan having similar role, have already been enlarged on bail vide orders dated 5.11.2014 and 3.6.2015 passed by the another Bench of this Court in Criminal Misc. Bail Application Nos. 37307 of 2014 and 19479 of 2015. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 14.2.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
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 applicant Siya Ram be released on bail in the aforesaid case crime number on his 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 applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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.
Order Date :- 25.7.2019 Mini