Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52260 of 2019 Applicant :- Suresh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Apul Misra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Apul Misra learned counsel for the applicant as well as Sri G.P. Singh learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.14 of 2019 under section 7-A of the Prevention of Corruption Act, Police Station Mahavan, District Mathura, during the pendency of trial.
It is argued by the learned counsel for the applicant that this Court has already granted bail to the accused-applicant under sections 420, 467, 468, 471 IPC, under section 3/5/7/9/10 of Uttar Pradesh Sarvajanik Pariksha Adhiniyam (Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 1998) and under section 8/9 of Prevention of Corruption Act, 1988, Police Station Mahavan, District Mathura but subsequently the offence under section 7-A of Prevention of Corruption Act has been added in which bail application has been dismissed by the trial court, hence the accused-applicant should be allowed bail for offence under the newly added section. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 15.02.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the applicant has already been granted bail in the said case crime number under the above mentioned sections and in additional section, he is entitled to bail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Suresh Singh involved in 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 :- 27.11.2019 AU