The High Court allowed a bail application regarding theft charges. Considering the parity with a co-accused and overall circumstances, the court found the applicant a fit case for bail, releasing him on executing a personal bond and furnishing sureties.
Release on bail on executing a personal bond and furnishing two sureties each under specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31145 of 2019
Applicant :- Amit Khatik Opposite Party :- State Of U.P. Counsel for Applicant :- Ved Prakash Ojha Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Amit Khatik in connection with Case Crime No.460 of 2019, under Sections 457, 380, 411 I.P.C., P.S. Kotwali, District Lalitpur.
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 is a labour in the anaj mandi. He further submitted that the applicant was not named in the first information report and there is no evidence against the applicant regarding the involvement in the alleged theft. He further submitted that the recovery of small quantity of Urad and Masoor is totally fake and false. He further submitted that there is no public witness of the alleged recovery. He submitted that all the offences are triable by the court of Magistrate. He submitted that the co-accused Deepak Kushwaha has been admitted to the concession of bail by this Court by order dated 01.08.2019 passed in Criminal Misc. Bail Application No.30079 of 2019. He claims parity. He submitted that the applicant is languishing in jail since 15.06.2019 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. However, learned A.G.A. does not dispute the factum of parity.
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 and also the fact that the co-accused Deepak Kushwaha has been admitted to the concession of bail by this Court, 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 Amit Khatik 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 :- 2.8.2019 R./
3 issues framed by the court
Whether the applicant is a fit case for bail granted considering the nature of allegations, gravity of offence, severity of punishment, and evidence against him despite lack of FIR naming and parity w
Whether release on bail should be conditioned on execution of personal bond and furnishing sureties.
Whether the fact that the co-accused has already been admitted to bail justifies granting bail without expressing a definite opinion on merits.
Amit Khatik
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
