Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52455 of 2019 Applicant :- Umesh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Sharma,Dileep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mrs. Alpana Singha, learned counsel appearing for State and perused the record of the case.
It is submitted that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that the first information report of theft of motorcycle bearing Registration No. UP 82R 2950 was lodged against unkonwn persons. Further submission is that applicant was arrested on the confessional statement of co- accused Mahesh and Inshad Ali on 4.6.2019 and the FIR vide Case Crime No. 0081 of 2019, under Sections 379, 411 IPC was lodged against the applicant and three other co-accused. The criminal history of the applicant has been explained in paragraph no. 11 of the affidavit. It is submitted that the applicant is in jail since 04.06.2019.
Further submission is that the applicant has been granted bail in Case Crime No. 0081 of 2019 vide order dated 20.11.2019 passed in Criminal Misc. Bail Application No. 50729 of 2019.
Learned AGA does not dispute the aforesaid fact.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Umesh be enlarged on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned in case crime No. 161 of 2019, under Sections 379, 411 and 420 IPC, P.S. Hathras Kotwali, District Hathras subject to following conditions:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Lbm/-