Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43434 of 2021 Applicant :- Sovi Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is not named in the first information report, which was lodged by first informant alleging that on 17.07.20201 his father was going to Shikohabad and later on he was found in unconscious condition near culvert of bye-pass and his ATM, PAN Card, Passbook, Cheque book, Mobile phone and cash of Rs. 1,18,000/- were stolen. It was submitted that nothing pertaining to this case has been recovered from applicant. In fact on 23.07.2021, applicant and co-accused were shown arrested in Case Crime No. 201 of 2021 by the police of Police Station Makkhanpur, Firozabad and recovery of one country made pistol was planted upon him and that on the basis of confessional statement, applicant was falsely implicated in this case. It has been submitted that there is no credible evidence against the applicant. The criminal history of three previous minor cases was shown against the applicant, which has duly been explained. Lastly, it was submitted that the applicant is languishing in jail since 23.07.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sovi involved in Case Crime No. 192 of 2021, under Sections 328, 379, 411 of IPC, P.S. Makkhanpur, District Firozabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.10.2021 A. Tripathi