Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14109 of 2017 Applicant :- Sunil Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Singh,Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Applicant- Sunil seeks bail in Case Crime No. 211 of 2016 under Sections 380/411 IPC, Police Station Phase-II Noida, District Gautam Budh Nagar, during the pendency of trial.
It is submitted by the learned counsel for the applicant that the first information report was lodged against unknown persons on 26.03.2016 in respect of theft of motorcycle, bag containing Rs. 20,000/- and other documents by unknown persons. Submission of the learned counsel for the applicant is that the applicant is maliciously being prosecuted in the present case at the inkling and connivance of local police. The applicant and one Mohit were apprehended by the police merely on suspicion on 23.04.2016 and have been connected with the present case showing recovery of five more stolen motorcycle from their joint possession. The applicant was not involved in any such activity as alleged in the FIR. There is no independent public witness to support the prosecution case. Nothing has been recovered from the possession of the applicant. The applicant is not a previous convict. There is no prospect of trial being concluded in near future due to heavy dockets. The applicant is languishing in jail since 23.04.2016 deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is involved in the commission of theft of offence. The innocence of the applicant cannot be adjudged at pre trial stage. There is material evidence showing the complicity of the applicant hence he does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicant Sunil involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 Siddhant