Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51276 of 2019 Applicant :- Subhash Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar Singh,Capt Seema Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 1449 of 2018, under Sections 379, 411 IPC, P.S. Cantt, District- Varanasi, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 22.12.2018 FIR of theft of motor cycle no. UP 65 CN 3797 was lodged against unknown person. Thereafter, on 07.04.2019 two persons, namely Sachin and Shubham were apprehended by the police, who have disclosed the name of three persons, namely Babloo Rajbhar, Deepak Kumar Patel and Subhash Kumar (applicant). It is further submitted that ten motor cycles have been recovered from the possession of Babloo Rajbhar, five motor cycles have been recovered from the possession of Deepak Kumar Patel and five motor cycle have been recovered from the possession of Subhash Kumar (applicant). Thereafter, the applicant has been implicated in 13 cases. It is next submitted that out of 13 cases, applicant has been granted bail in 8 cases. It is also submitted that prior to 8.4.2019 applicant was not having any criminal history. The applicant is languishing in jail since 08.04.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Subhash Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.11.2019 AK Pandey