Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52313 of 2019 Applicant :- Vineet @ Batlar Opposite Party :- State of U.P.
Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as Sri O.P. Mishra, learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 471 of 2019, under Sections 507 and 386 I.P.C., Police Station-Kotwali City, District Bijnor.
It is submitted that the applicant is not named in the FIR and has been falsely implicated in the present case. It is also submitted that the mobile no. 8923494852 from which the demand of Rs. 12 lacs was made, does not belong to the applicant and he never made any call to the informant, even the call detail record of the first informant obtained by the Investigating Officer does not yield any positive information. Primafacie, the basis of implicating the applicant is the purported confessional statement of the applicant before the police. The criminal history of the applicant has been explained in paragraph nos. 22, 23, 25 and 26 of the affidavit. It is also submitted that in case the applicant is released on bail, he will not misuse the liberty. The applicant is in jail since 25.05.2019.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.
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-Vineet @ Batlar, involved in the above mentioned case 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:-
(i) The applicant will not temple with the 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.
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/-