The court allowed the bail application of Devesh @ K.K. in a case concerning cheating and criminal breach of trust. The court found the applicant to be a fit case for bail without expressing an opinion on the merits of the case.
Release of the applicant on a personal bond and two sureties with specific conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25348 of 2019
Applicant :- Devesh @ K.K. Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Devesh @ K.K in connection with Case Crime No. 279 of 2019, under Sections 411, 414, 420, 467, 468, 471, 34 IPC, P.S. New Agra, District Agra.
The contention of the learned counsel for the applicant is that he has been falsely implicated in this case crime number, in which, applicant was said to be seated on conductor seat of concerned Bolero and upon pointing out of those three apprehended from Bolero there was alleged recovery of motor cycles lying in a ditch and no recovery of motorcycle was upon his pointing nor was there any criminal antecedent prior to the date of recovery nor any independent public witness of the alleged recovery. It has been submitted by the learned counsel that co-accused Bale @ Bal Kishan and Jeetu who have arrested by the police, have already been granted bail by another Bench of this Court vide orders dated 22.05.2019 and 31.05.2019 in Criminal Misc. Bail Application Nos. 21353 of 2019 and 23033 of 2019, copy of the orders are annexed at page 28 and 30 of the writ petition. Lastly he submitted that the applicant is languishing in jail since 14.04.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Devesh @ K.K be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions
i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 1.7.2019 Ujjawal
2 issues framed by the court
Whether the present bail application is a fit case for granting bail.
Whether conditions should be imposed for the release of the applicant on bail.
Devesh @ K.K.
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
