Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23428 of 2019 Applicant :- Sonu Saini Opposite Party :- State Of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant, Sonu Saini, has prayed to release him on bail in Case Crime No. 1795 of 2018, under sections 379 and 411 I.P.C., P.S. Vrindavan, District Mathura.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely implicated in this very case crime number which was got registered by unknown miscreants. Consequently, three persons were apprehended and from possession of them alleged motorcycle was stated to be recovered and two of them has been enlarged on bail by trial court itself; applicant's bail application was rejected on the basis of three cases as criminal history but he is on bail in those three cases which has been explained in para No.-13 of the affidavit accompanying bail application. It has further submitted that alleged recovery from the possession of applicant is false, fabricated and planted. In fact, no such recovery has been effected from the possession of the the applicant. It is also submitted that there is no independent or public witness of the alleged recovery. It is next submitted that there is no chance of applicant's fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 16.12.2018. In case, the applicant is released on bail he will not misuse the liberty of bail.
Learned AGA has opposed the bail application but he could not point out any thing relevant to contradict the aforesaid submissions.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail.
Let the applicant, Sonu Saini, involved in above mentioned Case Crime number, be released on bail on his executing personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidences.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below shall be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 Meenu