Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51685 of 2019 Applicant :- Suraj Teda @ Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Rao,Sri O P Singh (Sr Advocate) Counsel for Opposite Party :- G.A
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Suraj Teda alias Deepak, who is involved in Case Crime No. 819 of 2019, under sections 392, 411 IPC, police station Naubasta, district Kanpur Nagar, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 04.08.2019, first information report was lodged with regard to snatching of mobile phone of the first informant against unknown person. It is further submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. In fact, two persons were involved in snatching of mobile phone of the first informant, but the aplicant was intercepted on the spot while the other accused were succeeded in fleeing away from the place of occurrence. The applicant was badly beaten and F.I.R. dated 04.08.2019 was lodged. Thereafter, on 05.08.2019, fake recovery of one mobile phone has been shown from the possession of the applicant. It is next submitted that applicant has a criminal history of two cases, in which he is already on bail. It is also submitted that the applicant is facing detention since 05.08.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Suraj Teda alias Deepak, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 25.11.2019 Sazia