Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45790 of 2021 Applicant :- Vijay Kumar @ Beetu Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Vijay Kumar @ Beetu, who is involved in case crime no. 96 of 2021 under Section 392 I.P.C., Police Station- Usrahar, District- Etawah.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the applicant is not named in the FIR; that the police arrested the applicant in another case and falsely roped in the present case; that nothing has been recovered from the possession of the applicant or on his pointing out in connection with present case; that criminal history of the applicant has been explained and copy of the bail order is produced before the Court during course of the argument. It is lastly contended that the accused applicant is languishing in jail since 17.07.2021 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2021//Fhd