Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50786 of 2019 Applicant :- Vinit Opposite Party :- State of U.P.
Counsel for Applicant :- Abhai Kumar Singh,Awadhesh Kumar Singh, Counsel for Opposite Party :- G.A., Rajesh K S Chaudhary
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State,learned counsel appearing on behalf of informant and perused the record of the case.
By means of this application, the applicant Vinit, who is involved in Case Crime No. 364 of 2019, under sections 420, 406, 504, 506 IPC, police station Khair, district Aligarh, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that main allegation against the applicant is that he had taken tractor and trolley of the informant on rent of Rs. 25,000/- per month under an agreement dated 14.01.2019 and payment was accordingly made upto July, 2019, but thereafter, the applicant has grabbed the tractor and trolley of the informant and he neither returned the same to the informant nor paid the monthly rent after July, 2019. On the aforesaid allegation, learned counsel for the applicant submitted that there was no time limit fixed under the agreement dated 14.01.2019 and the applicant has paid the rent upto July, 2019, and thereafter, he has handed over the tractor and trolley to the informant. Learned counsel for the applicant alleged that there is no recovery of tractor and trolley of the informant from the possession of the applicant. It is also submitted that the applicant is having criminal history of four cases, in which the applicant is already on bail. The applicant is facing detention since 09.09.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned counsel for the informant and learned Additional Government Advocate have opposed the bail prayer of the applicant by contending that there are several other persons also, who are victim by the act and conduct of the applicant. He has not only grabbed the tractor and trolley of the first informant, but also grabbed the tractor and trolley of other persons. However, they do not dispute the fact that other persons have not made any complaint against the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vinit, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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.
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 :- 18.12.2019 Sazia