Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20126 of 2018 Applicant :- Sudesh @ Vipin Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Inder Pal Singh Tomar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant has submitted that applicant is not named in the F.I.R., he has been implicated subsequently on the basis of false recovery and confessional statement while being in police custody. It is further submitted that alleged recovery has not been made in presence of any independent witness, it is from joint possession of applicant and other accused. It is also submitted that applicant has no other criminal history to his credit prior to the registration of present F.I.R. It is further submitted that applicant is in jail since 11.03.2018 and he undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that in view of recovery made applicant should not be given bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Sudesh @ Vipin Kumar be released on bail in Case Crime No. 74 of 2018, under Sections 379, 411, 482 I.P.C., P.S. Indirapuram, District Ghaziabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(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.
Order Date :- 30.5.2018 /Bhanu