Deepak vs State Of U.P.
2016 Latest Caselaw 3979 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21993 of 2016
 

 
Applicant :- Deepak
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Dhirendra Kumar Srivastav,Rajiv Sisodia
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

As per the recovery memo dated 15.01.2015, accused-applicant was arrested with a motorcycle alongwith co-accused Raje @ Rajesh and it was found that recovered motorcycle was related to the present case crime number. It is submitted by learned counsel that accused-applicant is not named in the F.I.R. One Pintu when arrested, revealed the name of the accused as well as Raje @ Rajesh in the incident and no recovery has been made from them. Applicant was falsely implicated in the present case, whereas learned A.G.A. for the State submitted that motorcycle has been recovered from the possession of the accused-applicant.

Seeing the fact that only one motorcycle has been recovered, that too from the joint possession of two persons, although there is criminal history of the accused, but he is on bail in all the cases that are being registered against him in the year 2012 and 2014. The bail orders are also annexed alongwith this bail application

It is next contended that the applicant is in jail since 16.01.2015 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A for the State has opposed the prayer for bail but could not dispute the aforesaid facts.

Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.

Let the applicant ? Deepak, involved in Case Crime No. 485 of 2014, under Sections 394 & 411 of I.P.C, Police Station ? Adampur, District ? Amroha, be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 08.07.2016.

Vinod.