Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40435 of 2019 Applicant :- Sumit Opposite Party :- State Of U.P.
Counsel for Applicant :- Roshan Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 206 of 2019, under Sections 392, 420 and 411 I.P.C., P.S. Gajraula, district-Amroha, is seeking enlargement on bail during the trial.
The FIR of the incident was lodged by the informant who is appointed as Manager in Macdonald Restaurant, alleging therein that on 24.4.2019 at about 00.15 a.m. four unidentified miscreants armed with fire arm came on a Breeza car, bearing no. U.P.16BR 9487 and after threatening the salesman looted Rs. 97000/- from him and after firing in the air fled away from the spot.
Learned counsel for the applicant submitted that the applicant was not named in the FIR. His name as an accused in the present case surfaced for the first time in the confessional statement of co-accused Kapil. No incriminating article or material has been recovered either from the applicant or on his pointing out. No identification parade was conducted during investigation by the police to ascertain the real culprit. Further submission is that all the offences are triable by the court of Magistrate. He also submitted that the other co-accused Kapil in whose statement the name of the present accused came into light has been granted bail by the court below. He lastly submitted that the applicant is languishing in jail since 16.5.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is having criminal history of some other cases, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant submitted that he has explained the criminal history of the applicant in para 17 and 18 to the affidavit accompanying the bail application.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sumit involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.9.2019 Faridul