Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21514 of 2021 Applicant :- Suresh Khata @ Suresh Khatwa Opposite Party :- State of U.P.
Counsel for Applicant :- Ankur Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State through video conferencing and perused the record of the present bail application.
The present bail application has been filed by the applicant- Suresh Khata @ Suresh Khatwa with a prayer to enlarge him on bail in Case Crime No.76 of 2021, under Sections 420, 467, 468, 471 I.P.C. and Sections 63, 65 of Copy Rights Act, Police Station-Civil Lines, District-Muzaffar Nagar.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. It has further been submitted that the applicant has not been arrested from the spot and nothing incriminating has been recovered from his possession or on his pointing out. The name of the applicant has came into light in the joint confessional statement of the co-accused. They were said to have been arrested by the police on spot. It has been submitted that the applicant has two other reported criminal case which have been explained at paragraph-11 of the affidavit to the bail application. It is lastly submitted that the applicant is languishing in jail since 10.03.2021 and further undertakes that he will not misuse the liberty in case he is released on bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant- Suresh Khata @ Suresh Khatwa involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.5.2021 SK Goswami Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 15:01:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad