The court allowed a bail application filed by Ramu Sharma in a criminal case under Sections 411, 414, 420, and 427 IPC, releasing him on a personal bond and two sureties with conditions to avoid tampering with evidence and to cooperate with the trial.
Release applicant Ramu Sharma on bail with a personal bond and two reliable sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47554 of 2019
Applicant :- Ramu Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.309 of 2019, under Sections 411, 414, 420 and 427 IPC, Police Station Govind Nagar, District Mathura, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case by the police because the applicant is motorcycle mechanic and police personnel of concerned police station came to his shop and get their motorcycles repaired without any payment. Nothing has been recovered from the possession of applicant. Alleged recovery is false and fake. Recovered motorcycles were not connected with any crime. Applicant is in jail since 23.08.2019. Offence is triable by Magistrate. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Lastly, it has been submitted that coaccused, namely, Deepak @ Deepu and Pavan @ Baniya have already been granted bail by co-ordinate Benches of this Court on 26.09.2019 and 30.09.2019 in Criminal Misc. Bail Application Nos.40035 of 2019 and 40867 of 2019 respectively.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant has been arrested with co-accused persons and on their pointing eighteen motorcycles were recovered from the applicant house.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Ramu Sharma be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
witnesses.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall proceed the trial in view of Section 309 Cr.P.C., expedite and conclude the trial within one year from the date of production of certified copy of this order without granting any unnecessary adjournment, if there is no legal impediment.
Order Date :- 14.11.2019 I.A.Siddiqui
2 issues framed by the court
Whether to grant bail to an accused arrested for offences under Sections 411, 414, 420 and 427 IPC.
Whether conditions should be imposed for granting bail and expediting the trial.
Ramu Sharma
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
