Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40738 of 2019 Applicant :- Sunil @ Bhura Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava 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.
This is a bail application on behalf of the applicant Sunil @ Bhura in connection with Case Crime No.1042 of 2017, under Sections 392, 411 I.P.C., P.S. Kotwali, District Mainpuri.
The first information report of the incident was lodged by the complainant Prabhasha Yadav w/o Dinesh Chandra against two unknown assailants and it was alleged in the first information report that they had snatched the chain of the complainant on 26.08.2017.
Learned counsel for the applicant has submitted that the present accused-applicant was arrested after about 40 days of the incident and he confessed to his crime and certain recovery was made from his possession.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that there is no public witness of the alleged recovery and no proper identification of the recovered item or accused was conducted by the police. The criminal history against the applicant has been explained in the supplementary affidavit. He submitted that the applicant is languishing in jail since 04.10.2017 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant and the learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sunil @ Bhura involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.9.2019 SFH