Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34214 of 2019 Applicant :- Umesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Prakash Paul,Syed Irfan Ali Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 283 of 2019, under Sections 392, 411, 420, 109 IPC, P.S. Rasulabad, District Kanpur Dehat.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case and he was not named in the FIR. It is further contended that the alleged recovery of Rs. 57,000/- which has been shown from the applicant's possession is totally false and fake. It is further contended that no proper identification parade was conducted by the police to ascertain the real culprits. It is further contended that all the offences are triable by the Court of Magistrate. It is further contended that the co-accused Ravindra Singh Kapoor has already been enlarged on bail vide order dated 19.8.2019 passed by this Court in Criminal Misc. Bail Application No. 32980 of 2019. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 28.6.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Umesh Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 Mini