The High Court granted bail to the applicant in a criminal case involving theft under Sections 379 and 411 IPC. The court allowed the personal bond along with two heavy sureties and specific conditions.
Released on personal bond and two heavy sureties, one being a family member, subject to specific conditions.
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Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48470 of 2019
Applicant :- Amit Prasad @ Satyanand Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Amit Prasad @ Satyanand seeks bail in Case Crime No. 529 of 2019, under Sections 379, 411 IPC, P.S. Kotwali, District- Maharajganj.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that applicant is not named in the first information report and subsequently, on the basis of recovery of five motor-cycles, the applicant was arrested. Learned counsel for the applicant has next submitted that in Case Crime No. 175 of 2019 in which recovery of five motorcycles has been shown, the applicant has already been granted bail by this Court in Criminal Misc. Bail Application No. 39544 of 2019 vide order dated 25.9.2019. Lastly, it is submitted that applicant is in jail since 4.8.2019 and in case the applicant is released on bail on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The criminal history of the applicant has been explained in paragraph- 6 of the affidavit.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Amit Prasad @ Satyanand be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the
satisfaction of the court concerned and one surety shall be family member of the applicant, subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 14.11.2019 KU
2 issues framed by the court
Whether the applicant qualifies for bail in the present criminal case.
Whether the conditions of bail should be imposed on the applicant.
Amit Prasad @ Satyanand
State of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
