Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18023 of 2019 Applicant :- Sonu @ Saurabh Opposite Party :- State Of U.P.
Counsel for Applicant :- Jawahar Lal Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Sonu @ Saurabh, who is involved in Case Crime No. 53 of 2019, under Sections 394, 411 I.P.C., P.S. Bela, District Auraiya, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; applicant was neither named in the F.I.R. nor there was any recovery from his possessions; recovery of Rs.1750/- was planted one and it was claimed to be of his own; there is no independent public witness of alleged recovery and applicant is of no criminal antecedents. Co-accused with same degree of accusation has already been enlarged on bail by this court vide order dated 23.4.2019 passed in Criminal Misc. Bail Application No. 16701 of 2019. Hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Sonu @ Saurabh, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.4.2019 Pcl