In a bail application under Sections 379/411/413 IPC for theft of tyres, the Court allowed the plea despite opposition by the Assistant Government Advocate, finding it a fit case for bail without adjudicating on the merits of the case.
The applicant Nirankar was released on bail on executing a personal bond and furnishing two sureties under specified conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40816 of 2019
Applicant :- Nirankar Opposite Party :- State Of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.,V.K. Gupta
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 Nirankar in connection with Case Crime No.159 of 2019, under Sections 379/411/413 I.P.C., P.S. Kabrai, District Mahoba,
The first information report of this incident was lodged by the complainant with the allegation that some unknown persons have stolen the tyres of his two vehicles.
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 arrested by the police in a police encounter case along with three other co-accused persons and on the basis of confessional statement the alleged recovery of 12 tyres were shown from the joint possession, which is tenable in the eyes of law. He 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 Nirankar 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 :- 17.10.2019
R./
2 issues framed by the court
Whether the accused deserves release on bail in a theft case triable by a Magistrate.
Whether the allegations and evidence justify denial of bail.
1 provisions across 1 enactments
Nirankar
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
