Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16042 of 2021 Applicant :- Sumeet Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Sumeet Yadav, who is involved in Case Crime No.
21 of 2021, under Sections 356, 411, 413, 414 I.P.C. P.S.-
Madnapur, District- Shahjahanpur.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that the FIR of this case was initially lodged under Section 356 of IPC against three unknown persons in regard to snatching of three mobile phones from the informant after having intercepted while he was going on motorcycle. During investigation police party apprehended the applicant and other co-accused persons on 29.1.2021 and on the confessional statement and pointing out of the applicant two mobiles are alleged to be recovered. The alleged recovery is false of which there is no independent witness of public. The applicant has been languishing in jail since 29.1.2021. The criminal history of the applicant has been explained in paras-13 and 14 of the affidavit filed in support of bail application.
Learned A.G.A. vehemently opposed the prayer for bail and conceded that no identification was made by the informant in regard to the identity of the applicant being involved in the alleged crime.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Sumeet Yadav, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 6.4.2021 Prajapati