This criminal bail application was allowed. The High Court found the case to be a fit case for bail, considering the facts, nature of allegations, and severity of punishment, without expressing an opinion on merits, and granted release on personal bond and sureties.
Applicant released on bail by executing a personal bond and furnishing two sureties each.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27216 of 2019
Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Shiv Kumar in connection with Case Crime No.364 of 2015, under Sections 380, 411 I.P.C.,P.S. Quarsi, District Aligarh.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was made accused in the present case on the basis of the confession statement when all the accused were arrested by the police. He submitted that the recovery of motor-cycle assigned to this case was made from co-accused, Shailendra. He further submitted that there is no public witness of the alleged arrest and the recovery. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is in jail since 20.05.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
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 Shiv Kumar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with 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.
Order Date :- 9.7.2019
R./
1 issue framed by the court
Whether the applicant is eligible for bail in the present case.
Shiv Kumar
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
