Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30532 of 2019 Applicant :- Vishal Tyagi Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 152 of 2019, under Sections 420, 467, 468, 471,407, 34 and 120B I.P.C., P.S. Express Way, District-Gautam Budh Nagar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is a store keeper in the firm whose scrap was found in the standing trucks. Neither FIR was lodged by the firm nor any claim of loss has been made by the firm. The FIR was lodged by the S.H.O., alleging therein that trucks were standing on the road. He next submitted that the implication of the applicant in the present case is based upon his confessional statement made by him before the police, in which he stated that he has given gate pass of less quantity, which is wholly inadmissible against him. He also submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that all the offences are triable by Court of Magistrate.
He lastly submitted that the applicant has no criminal history and he is languishing in jail since 27.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Vishal Tyagi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 152 of 2019, under Sections 420, 467, 468, 471,407, 34 and 120B I.P.C., P.S. Express Way, District-Gautam Budh Nagar subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 31.7.2019 Faridul