Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30222 of 2019 Applicant :- Titu Yadav @ Sachin Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Shankar Chaturvedi,Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 139 of 2019, under Section 420, 467, 468 and 471 I.P.C., P.S. Awagarh, district-Etah, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was arrested by the police on the information of the 'Mukhbir Khas'. Applicant is the cleaner of the vehicle and he is having no concern with the alleged recovery. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that all the offences are triable by Court of Magistrate. He also submitted that similarly placed co-accused Anil Kumar Dheemar, driver of the vehicle has already been granted bail by this Court by order dated 26.7.2019 passed in Criminal Misc. Bail Application No. 30002 of 2019, copy of the bail order produced by learned counsel for the applicant is taken on record.
He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 22.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that similarly situated co-accused has already been granted bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Titu Yadav @ Sachin Kumar Yadav be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 139 of 2019, under Section 420, 467, 468 and 471 I.P.C., P.S. Awagarh, district-Etah subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Faridul