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Kishan vs State Of U.P. on 22 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 29152 of 2019

Applicant :- Kishan

Opposite Party :- State Of U.P.

Counsel for Applicant :- Jai Prakash Prasad

Counsel for Opposite Party :- G.A.

Hon’ble Ajit Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This is a bail application on behalf of the applicant in connection with Case Crime No.379 of 2018, under Section 406 IPC, P.S. Didoli, District Amroha (Jyotiba Phule Nagar).

The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. He further submitted that nothing incriminating has been recovered from the possession of the present applicant. Offence is triable by the Magistrate. He further submitted that the applicant is a driver and he has not sold the loaded cosmetic goods. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 18.11.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned AGA 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 and considering the judgment of Apex Court in the case of Data Ram Vs. State of U.P. and others reported in 2018(3) SCC 22 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 Kishan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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 :- 22.7.2019

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