Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37007 of 2019 Applicant :- Sonu @ Monu @ Lalit Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Dutt Kautilya,Umesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Sonu alias Monu alias Lalit in connection with Case Crime No.948 of 2019, under Sections 288, 384, 447, 427 I.P.C. and Section 3 & 5 of the Prevention of Damages to Public Property Act, 1984, P.S. Sector-49, Noida, District Gautam Buddh Nagar.
The first information report of the incident was lodged by the Noida Authorities against the applicant with the allegation that the applicant along with other co-accused had grabbed the Government land, which was marked as green belt.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that an order of status-quo was passed by another Bench of this Court vide order dated 24.11.2016 passed in Writ C No.55498 of 2016 of the same land on which it has been alleged by the Noida Authorities that the applicant had illegally possessed, copy whereof has been annexed on page no.18 of the bail application. He submitted that all the offences are triable by the court of Magistrate and punishable below seven years. He submitted that the applicant is languishing in jail since 18.08.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. 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 Sonu alias Monu alias Lalit involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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 :- 27.9.2019 R./