Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23668 of 2019 Applicant :- Subham Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Srivastava 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 Subham Singh, who is involved in Case Crime No. 308 of 2019, under Sections 419, 420, 467, 468, 471, 411, 379 I.P.C., P.S. Cantt., District Varanasi, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number, which was registered against unknown for offence of theft punishable under Section 379 I.P.C. Subsequently, accused-applicant was apprehended and false recovery was planted against him. Criminal history has been duly explained. Accused-applicant is of no criminal antecedent prior to alleged date of recovery. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that it was got lodged against unknown. There is no independent public witness of alleged recovery. The alleged criminal history has been duly explained.
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 Subham Singh, 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 :- 7.6.2019 NS