Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14175 of 2017 Applicant :- Sushil Kumar Kushwaha & 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Dev Prakash Singh,Uma Devi Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of the applicants with a prayer to admit them on bail in Case Crime No.Nil of 2017 under Sections 41/411 IPC, Police Station Kotwali, District Banda during the pendency of trial.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case. The applicants were not involved in any offence as alleged in the FIR. It is pointed out that the applicants have been roped in the present case showing the recovery of stolen motorcycles. The applicants are absolutely innocent and have been implicated in the present case maliciously as they could not grease the palm of official of the concerned police station at the inkling and connivance of interested person. The applicants are languishing in jail since 2.1.2017 and in case the applicants are released on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that in case the applicants are released on bail they would indulge in similar activity and will intimidate the witnesses during trial.
Considering the nature of accusation, evidence and genuineness of the prosecution case but without expressing any opinion on the merits, let the applicants Sushil Kumar Kushwaha, Mithlesh Kushwaha and Avadhesh Kumar Kushwahainvolved in aforesaid crime be released on bail on each of them 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 M. Tariq