Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29892 of 2019 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Dharmendra Pratap Singh, holding brief of Mr. Hemendra Pratap Singh, learned counsel for the applicant, Mr.
O.P. Singh, learned Additional Government Advocate for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case with some ulterior motive. It is further submitted by the learned counsel for the applicant that neither the applicant was apprehended on the spot nor any incriminating articles were recovered from the possession of the applicant. The name of the applicant has surfaced in the statement of co-accused Keshav alias Pintu during the course of investigation. It is also contended by the learned counsel for the applicant that the applicant has no concern with the alleged recovery shown in the FIR. It is also submitted by the learned counsel for the applicant that there is no independent witness of the alleged recovery. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that there is a criminal history of four cases shown against the applicant, out of which in two cases, the applicant has been acquitted and in other two cases, the applicant has already been released on bail. It is lastly submitted that the applicant is in jail since 25.06.2019 and in case he is enlarged 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.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant Sonu, involved in case crime No. 30 of 2019, under section 5/25 of Arms Act, police station Pisava, district Aligarh, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned on 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 :- 25.7.2019 Sazia