The High Court allowed bail for an applicant accused of snatching money at gunpoint. Appointed a personal bond with two sureties and imposed standard restrictions on tampering with evidence or witnesses.
Release on personal bond with two sureties subject to restrictions on tampering with evidence and witnesses.
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Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36565 of 2019 Applicant :- Suresh Chandra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lakshman Singh 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 Suresh Chandra in connection with Complaint Case No.01A of 2013, under Section 392 I.P.C., P.S. Konch, District Jalaun.
The applicant was summoned in a complaint case on the alleged allegation that the applicant had snatched Rs.3,000/- from the complainant on gun point and fled away.
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 nothing incriminating was recovered from the possession of the applicant. He submitted that all the offences are triable by the court of Magistrate and punishable below seven years. He submitted that the applicant is languishing in jail since 20.07.2019 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 Suresh Chandra 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 :- 19.9.2019R./
Suresh Chandra
Ajit Singh
As recorded by the court registry
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