Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27169 of 2019 Applicant :- Suraj Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No.C-01 of 2010, under Section 417 IPC, P.S. Harvanshmohal, District Kanpur Nagar.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that the incident took place on 31.8.2009 and the first information report was lodged after and inordinate and unexplained delay of five months on 20.1.2010. He further submitted that an application under Section 156(3) Cr.P.C. was given before the learned lower Court and the Court ordered for investigation and after investigation police has submitted a final report against the present applicant. On the same allegations afterwords the complainant filed a complaint against the present accused and the accused was summoned. He further submitted that the applicant was only the guarantor and the co-accused Gaurav has taken the loan from the Shree Ram Finance Company and applicant-accused was not beneficiary. He further submitted that the offence is triable by the Court of Magistrate. Lastly, he submitted that the applicant is languishing in jail since 25.9.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA 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 Suraj Mishra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 :- 26.7.2019 Mini