The Hon'ble Court granted bail to the applicant in a criminal case involving theft and criminalbreach of trust, enforcing conditions to attend trial and not tampering with witnesses.
Applicant released on bail on personal bond and furnishing two sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18220 of 2019
Applicant :- Anoop Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Neeraj Kumar Sharma,Sandeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed in 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. 81 of 2019, under Sections 380, 411 I.P.C., P.S. Virandawan, District-Mathura , is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is quite innocent and he has been falsely implicated in the present case. He has further submitted that once the accused was arrested thereafter he was implicated in several false cases on the basis of false confessional statements. There is no public witness of the alleged recovery and the alleged recovery as shown by the police at the instance of the present accused is totally fake and false. Learned counsel for the applicant has next submitted that in several cases the accused has been granted bail by the Court which are annexed with the supplementary affidavit filed in support of the bail application. All the offences are triable by court of Magistrate. He lastly submitted that the applicant is languishing in jail since 20.03.2019 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 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, Anoop Kumar 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. 81 of 2019, under Sections 380, 411 I.P.C., P.S. Virandawan, District-Mathura , subject to the following conditions:-
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 :- 8.7.2019
sweta
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail during the pendency of the trial for offences under Sections 380, 411 IPC.
1 provisions across 1 enactments
Anoop Kumar
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
