Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17591 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. 12 of 2019, u/s 41, 411, 413, 419, 420, 467, 468, 471 I.P.C., P.S. Maeel, District Deoria.
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. A recovery of two cars have been planted against him and one of them was connected with another case crime number in which the applicant has been enlarged on bail by this court and this bail application in second case crime number in which one car bearing registration number O.D. 14 P 5627, which was converted into U.P. 32 H.H. 1101, has been planted, whereas there is no independent witness of the alleged recovery nor there was recovery of any such vehicle. There is no criminal antecedent of the applicant prior to this recovery. 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..
Having considered rival submissions of both the parties, 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 :- 26.4.2019 Pcl