Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43540 of 2021 Applicant :- Sunil Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Singh Rathore Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 124/2019, under Section 395 IPC, police station Visharatganj, District Bareilly with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant is not named in FIR and during investigation he was shown arrested in case crime no. 0013/2020 by police of police station Ganj Dudwara, district Kasganj and on the basis of his confessional statement, applicant was shown involved in this case. It was further submitted that no recovery of any incriminating article pertaining to the present case has been effected from the possession of the applicant and that alleged confessional statement made before the police is not admissible in evidence. It was also submitted that there is no evidence against the applicant and that applicant is in judicial custody since 12.01.2020 and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. Lastly, it was submitted that criminal history of some minor cases were shown against the applicant, but the same has been duly explained in the affidavit accompanying the bail application.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Sunil involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 28.10.2021 Anand