Hon'ble Ram Krishna Gautam, J. allowed bail application of Sanju @ Sanjay in Case Crime No. 66 of 2019 under sections 394, 411 I.P.C., holding that since incriminating material was lacking and antecedents explained, bail may be granted with conditions.
Released on bail on executing a personal bond and two reliable sureties each.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18281 of 2019
Applicant :- Sanju @ Sanjay Opposite Party :- State Of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Sanju @ Sanjay has prayed to release him on bail in Case Crime No. 66 of 2019, u/s 394, 411 I.P.C., P.S. Sirsaganj, District Firozabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, which was registered against unknown persons and accused applicant was apprehended while being with a motorcycle owned by his own wife and alleged Tamancha, whereas no incriminating material was recovered from him, no public witness was there nor recovery of any article in the present case crime number was against the applicant. Criminal antecedent has been duly explained in the affidavit filed in support of bail application, wherein he has been acquitted. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application..
Perusal of F.I.R. reveals that it was got lodged against three unknown miscreants. Recovery memo reveals that accused applicant was apprehended while being with a motorcycle owned by his own wife along with a Tamancha for which there is no independent witness. Criminal antecedents have been duly explained. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed .
Let the applicant, Sanju @ Sanjay, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the
following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 9.5.2019
Pcl
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case under sections 394, 411 I.P.C.
Sanju @ Sanjay
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
