HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 43281 of 2018
Applicant :- Ravindra
Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Prasad
Counsel for Opposite Party :- G.A.
Hon’ble Sudhir Agarwal,J.
1. Heard Sri Rakesh Yadav, Advocate, holding brief of Sri J.P.Prasad, learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 379 of 2018, under Section 406 IPC, Police Station Didoli, District Amroha (Jyotiba Phule Nagar).
3. Counsel for the applicant states that applicant is innocent and has been falsely implicated in the present case. The impugned FIR has been lodged with the delay of seven days and there is no plausible explanation for the delay in lodging the FIR. The applicant is not driver and no concerned with the alleged offence. There is no recovery from the possession or pointing out of the applicant. There is no chance of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is having no criminal antecedents. The applicant is in jail since 09.09.2018 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Ravindra involved in Case Crime No. 379 of 2018, under Section 406 IPC, Police Station Didoli, District Amroha (Jyotiba Phule Nagar) be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 19.11.2019