HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 28180 of 2019
Applicant :- Sahil
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Shanker Pandey
Counsel for Opposite Party :- G.A.
Hon’ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 880 of 2019, under Section 408 I.P.C., P.S. Phase-2 Noida, district- Gautam Budh Nagar, is seeking enlargement on bail during the trial.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. Learned counsel submits that FIR was lodged under Section 406 IPC afterwards which was converted into under Section 408 IPC. He further submitted that accused was doing work of preparing ornaments and the alleged recovery shown from him is totally fake and false. Lastly, he submits that he is languishing in jail since 26.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. He has placed reliance on the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sahil be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 880 of 2019, under Section 408 I.P.C., P.S. Phase-2 Noida, district- Gautam Budh Nagar, subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 16.7.2019