Deependra Kumar vs State Of U.P.
2016 Latest Caselaw 6933 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38741 of 2016
 
Applicant :- Deependra Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Samar Bahadur Saroj
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Harsh Kumar, J.

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

Learned counsel for the applicant contended that the applicant has not committed any theft of mobile-phone, has been falsely implicated for stealing the mobile-phones and the recovery of the same by the security guard of the first informant; that real fact is that the applicant was an employee of first informant and a salary of Rs.15,000/- (fifteen thousand) was unpaid and when the applicant made a demand of his salary repeatedly, feeling annoyed the employer has falsely implicated him in this case; that applicant has no previous criminal history and on the basis of this false recovery of which there is no independent witness, he has been falsely implicated in this case; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 08.10.2016.

Learned A.G.A. opposed the prayer of bail.

Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

Let the applicant ? Dependra Kumar be released on bail in Case Crime No. 730 of 2015, under Sections 381, 411 of I.P.C, Police Station ? Phase-2, Noida, District ? Gautam Budha Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate / Court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 09.11.2016

Vinod.