Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4056 of 2019 Applicant :- Yogendra Kumar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Dwivedi,Shiv Shankar Kaithal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 13.11.2018 against unknown person alleging that on 10.11.2018 (night) someone broke the lock of shop of shoe/slippers of the first informant and stole Rs.3500/-,thirty pairs of Lakhani and branded shoes of Travera. Police arrested Munesh Kumar @ Shailendra @ Chhotu and Yogendra Kumar with six mobile phones, shoes, slippers and instruments for cutting locks.
It is submitted by learned counsel for the applicants that the applicants are languishing in jail since 14.11.2018(about two and half months) having no criminal history. They have been falsely implicated.They were not named in the FIR. There is no independent witness. Recovery is shown falsely by the police to show their good work. No identification of person or property was conducted. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants. He admitted that the applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let applicants Yogendra Kumar and Munesh Kumar @ Shailendra Kumar @ Chhotu involved in Case Crime No.932 of 2018, under Section 457, 380, 411 IPC, Police Station Ghatampur, District Kanpur Nagar be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 P.P.