This single-paragraph bail order allowed the applicant Amresh Alias Samant to be released on a personal bond plus two sureties, with standard conditions to appear in trial and not tamper with evidence or commit similar offences.
Applicant released on bail on personal bond and two sureties with conditions to appear in court and not tamper with evidence.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44342 of 2019
Applicant :- Amresh Alias Samant Opposite Party :- State Of U.P. Counsel for Applicant :- Pavan Kishore,Piyush Kishore Srivastava 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 Amresh alias Samant in connection with Case Crime No.222 of 2019, under Sections 392, 120-B I.P.C., P.S. Sarai Lakhansi, District Mau.
As per the first information report the complainant is the resident of village and post Hanuman Ganj, District Ballia and was working as Manager in Bharat Finance Inblusion. It was further alleged that on 17.06.2019 when he was returning after collecting the money then three unknown persons, who were riding on the motor-cycle had snatched his bag, which was containing Rs.21,290/-, one tablet, one mobile phone.
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 Vikrant Yadav. He submitted that there is no recovery from the possession of the applicant or on his pointing out. He further submitted that no identification parade was conducted by the police 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 21.08.2019 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 Amresh alias Samant 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 :- 24.10.2019 R./
1 issue framed by the court
Whether the application for bail in a case under Sections 392, 120-B I.P.C. is maintainable.
Amresh Alias Samant
Ajit Singh
As recorded by the court registry
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