This Single Judge Court granted bail to the applicant, Suresh @ Kalu, in a case involving theft and cheating. The court relied on the fact that the applicant was not named in the F.I.R. and advocated for release.
Released on bail under Sections 411, 201 IPC with a personal bond and two sureties.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28038 of 2018
Applicant :- Suresh @ Kalu Opposite Party :- State Of U.P. Counsel for Applicant :- Paritosh Sukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The argument of the learned counsel for the applicant is that the applicant is not named in the First Information Report and his name has surfaced in the statement of co-accused. The applicant has no criminal history to his credit and is in jail since 9.5.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Suresh @ Kalu be released on bail in Case Crime No. 108 of 2018 under Sections 411, 201 IPC, P.S. Madrak, District Aligarh on his furnishing a personal bond with 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 :-
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.
Order Date :- 27.7.2018 Rk
2 issues framed by the court
Whether the applicant, who is not named in the F.I.R. but whose name surfaced in the statement of a co-accused, is entitled to bail.
Whether the applicant's lack of criminal history warrants grant of bail.
2 provisions across 2 enactments
Suresh @ Kalu
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
