Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49169 of 2018 Applicant :- Vikendra Thakur Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and the learned A. G. A. for the State.
I have perused the record.
As per prosecution version on 12.06.2018 at 7.30 p.m. the motor cycle of the complainant was stolen from Government hospital. During investigation the applicant was arrested in case FIR No. 819 of 2018 and the motor cycle of the present case as well as ten other motor cycles were recovered from the applicant accused and two co-accused persons, who have fled from there.
Contention of learned counsel for the applicant is that the accused- applicant has not been named in the FIR and he has been falsely implicated in the present case due to ulterior motive; the incident of the alleged offence has been shown on 12.06.2018, but the FIR was lodged on 15.07.2018 after the alleged recovery; that the applicant has no criminal history and he is in jail since 14.11.2018 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail.
Considering the submissions made by the learned counsel for the applicant as well as the learned AGA and perusing the record, without expressing any opinion on the merits of the case, at this stage prima facie a case for bail has been made out.
In view of the above, let the applicant Vikendra Thakur be released on bail on furnishing a personal bond and two sureties by each, to the satisfaction of the court concerned in Case Crime No. 818 of 2018 under Sections 379, 411, 413, 420, 467, 468, 471 IPC, P.S. Kotwali, District Lalitpur, with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.12.2018 Ujjawal