In Criminal Misc. Bail Application No. 39854 of 2019, the single-judge court granted bail to the applicant charged with theft. The court found it fit for bail considering circumstances and evidence, imposing standard conditions.
Release on bail with a personal bond and two sureties, subject to conditions against tampering with evidence or witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39854 of 2019
Applicant :- Baliram Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma 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 Baliram Gupta in connection with Case Crime No.362 of 2019, under Section 379 I.P.C., P.S. Kotwali, District Maharajganj.
The complainant has alleged in the first information report that some unknown persons had stolen the motor cycle of the complainant on 19.05.2019 and the matter was reported to the police on 24.05.2019.
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 alleged joint recovery shown from the three persons 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 applicant is languishing in jail since 04.08.2019 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 Baliram Gupta 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 :- 26.9.2019
R./
2 issues framed by the court
Whether the applicant is entitled to bail in the theft case under Section 379 IPC.
Whether the applicant fulfilling bail conditions will prevent tampering with evidence or witnesses.
Baliram Gupta
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
