Single judge allowed bail to Amar Nath Sahni in an IPC offence involving dishonesty and attempt to resist assault, fixing personal bond and two sureties subject to standard conditions.
Release of applicant on personal bond and furnishing two sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39920 of 2019
Applicant :- Amar Nath Sahni Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Amar Nath Sahni in connection with Case Crime No.64 of 2019, under Sections 394, 411 I.P.C., P.S. Paniyara, District Maharajganj.
The first information report of this incident was lodged on 18.02.2019 by the complainant alleging therein that three unknown persons had looted ornaments and Rs.50,000 of the complainant.
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 not named in the first information report. He submitted that the name of the applicant has surfaced in the confessional statement of co-accused Sandeep. He further submitted that nothing incriminating has been recovered from the applicant. He further submitted that no identification parade was conducted by the applicant to ascertain the real culprits. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 19.08.2019 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 Amar Nath Sahni 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 :- 18.10.2019
R./
1 issue framed by the court
Whether this case is a fit case for granting bail.
Amar Nath Sahni
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
