In bail application, High Court granted bail to applicant in theft case involving recovery of motorcycles. Court imposed conditions including non-interference with witnesses and regular appearance.
Applicant released on bail on furnishing personal bond and two sureties of like amount, subject to specific conditions regarding conduct and appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 508 of 2020
Applicant :- Shahnawaz @ Shanu Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rajendra Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Shahnawaz @ Shanu with a prayer to enlarge him on bail in Case Crime No. 417 of 2019, under Sections 379, 411 I.P.C., Police Station Khoda, District Ghaziabad.
Learned counsel for the applicant has submitted that one motorcycle has been recovered from the present applicant and 15 motorcycles were recovered from the other places in respect of which another first information report was registered in which the applicant has already been released on bail. The case is exclusively triable by the Magistrate. Learned counsel for the applicant has further submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 06.11.2019, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. He has further submitted that after investigation, the police has submitted charge sheet in the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, 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 :- 8.1.2020 sailesh
1 issue framed by the court
Whether the applicant is entitled to bail under Sections 379 and 411 IPC.
1 provisions across 1 enactments
Shahnawaz @ Shanu
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
