Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48452 of 2018 Applicant :- Sonu Biryani Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submitted that the FIR was lodged against unknown person and applicant has been implicated in the instant case by showing false recovery of Rs. 2000/-. He also submitted that similarly placed co-accused Rakesh Kumar from whose possession Rs. 1610/- was recovered has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No. 46344 of 2017 vide order dated 29.11.2017. The applicant is languishing in jail since 05.9.2017. Criminal history has been explained by the learned counsel for the applicant. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant, Sonu Biryana, involved in case crime No. 729 of 2017, under Sections 392, 411 IPC, PS Tundla, district Firozabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2018 Ishrat