Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17085 of 2019 Applicant :- Swikriti Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Nitesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Swikriti Singh has prayed to release him on bail in Case Crime No. 1102 of 2018, u/s 379, 411 I.P.C., P.S. Cantt., District Gorakhpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, which was got registered against Manager and employee of Service Centre namely Smart Wheels Private Limited, Mohaddipur. Subsequently recovery was planted and two cars were said to have been recovered from the accused- applicant, whereas no such recovery was made from the applicant nor there is any independent public witness of the alleged recovery. The accused- applicant is of no concerned with above cars nor he was seen in the CCTV footage of above Service Centre. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
F.I.R. reveals that it was got lodged on the report of the informant against Manager and employee of Service Centre namely Smart Wheels Private Limited, Mohaddipur, whereas the accused- applicant is of no concen with alleged recovery with no independent public witness. There is no criminal antecedent of the applicant. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Swikriti Singh, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in 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.
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 :- 25.4.2019 Pcl