Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14127 of 2021 Applicant :- Wasim Opposite Party :- State of U.P.
Counsel for Applicant :- Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Praveen Kumar Srivastava, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 804 of 2020 under Sections 379, 411 I.P.C., Police Station Sector 39 NOIDA, District Gautam Budh Nagar, during the pendency of trial.
Submission made by the learned counsel for the applicant is that F.I.R. has been lodged in this case with respect to theft of a bolero vehicle no. UP 16 ET 9143 against unknown persons. Recovery of the said vehicle is stated to have been made from accused applicant as per recovery memo, copy of which has been provided today and the same is taken on record. It is being argued that the said recovery is being shown falsely from the accused-applicant as the same was recovered from an open place. There is no public witness of the same. He is in jail since 12.1.2021. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Wasim involved in 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.4.2021 A.P. Pandey