Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that regarding loot of vehicle (Toyota Innova Car) on 16.06.2016, the applicant is not named in the F.I.R and has been falsely implicated on the basis of recovery of looted car from the applicant on 18.06.2016, which has been falsely planted, of which there is no independent witness; that the applicant has not committed any loot and nothing incriminating has been recovered from the possession of the applicant; that applicant has no previous criminal history except that he was falsely implicated in one case of theft of vehicle at Pune District (Maharashtra) in the year 2009; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 18.06.2016.
Learned A.G.A. opposed the prayer of bail and has contended that is applicant is released on bail shall abscond to Maharashtra and will delay the disposal of trial.
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 ? Vijay Bhaskar Shindey be released on bail in Case Crime No. 181 of 2016, under Sections 392 & 412 of I.P.C, Police Station ? Kabrai, District ? Mahoba, on furnishing a personal bond and two heavy (one local) sureties each in the like amount to the satisfaction of Magistrate / Court concerned, 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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 09.11.2016 Vinod.