Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10585 of 2017 Applicant :- Vinay Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA for the State and also perused the material placed on record.
Applicant- Vinay Sharma seeks bail in Case Crime No. 188 of 2017 under Sections 392/411 IPC, Police Station Kotwali Nagar, District Etah, during the pendency of trial.
It is submitted by the learned counsel for the applicant that unknown persons had snatched the mobile from the complainant in respect of which first information report was lodged against two unknown persons on 14.02.2017. The applicant is absolutely innocent and has been falsely implicated in the present case showing recovery of stolen mobile phone. There is no independent public witness to support the prosecution case. No incriminating article has been recovered from the possession of the applicant. The applicant is languishing in jail since 18.02.2017 having no criminal history to his credit deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is involved in the commission of snatching of mobile phone from the complainant. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail by pressurizing or intimidating the prosecution witnesses.
Without expressing any opinion on the merits, let the applicant Vinay Sharma involved in the 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 by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above 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 :- 19.4.2017 Siddhant