This court disposed of a bail application under sections 379, 411, 413, 419 and 420 IPC, allowing the applicant to be released on a personal bond and two sureties subject to standard conditions.
Appellant released on personal bond and two sureties subject to conditions of attendance and conduct.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26137 of 2019
Applicant :- Sunil Kumar Verma Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
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. 32 of 2018, under Sections 379, 411, 413, 419 and 420 I.P.C., P.S. Kotwali Mahoba, district-Mahoba, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was not named in the first information report. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. No incriminating article or material has been recovered either from the applicant or on his pointing out. He further submitted that the alleged recovery which has been shown by the police was fake one. There is no independent or public witness of the alleged recovery.
He lastly submitted that the applicant has no criminal history. He is languishing in jail since 5.2.2018 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, Sunil Kumar Verma 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. 32 of 2018, under Sections 379, 411, 413, 419 and 420 I.P.C., P.S. Kotwali Mahoba, district-Mahoba 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 :- 2.7.2019 Faridul
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail during the pendency of the trial.
Sunil Kumar Verma
Ajit Singh
As recorded by the court registry
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