Ankush v. State of U.P.

Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28860 of 2018 Applicant :- Ankush Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rai,Sanjay Singh Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

The instant bail application has been filed on behalf of the applicant, Ankush with a prayer to release him on bail in Case Crime No. 188 of 2018, under Sections 420, 467, 468, 471, 413/34 IPC, Police Station Kotwali Dehat, District- Bijnor, during pendency of trial.

It is argued by the learned counsel for the applicant that eight motorcycles have been shown to have been recovered from the possession of three persons from open place by the police. The applicant has no criminal history prior to the impugned implication. After implicated in the present case, four cases have been registered against the applicant by the police. The applicant is languishing in jail since 04.6.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Ankush involved in the 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 :-