Yasarth Singh @ Amit Singh @ Aryan ... vs State Of Up
2017 Latest Caselaw 8289 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- BAIL No. - 10900 of 2017
 

 
Applicant :- Yasarth Singh @ Amit Singh @ Aryan Singh
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Akhand Pratap Singh,Vishram Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Shashi Kant Gupta,J.

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

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submitted that, in fact,  no recovery of any thing , as alleged by the prosecution has been made either from the possession of the applicant or at his pointing out and the allegation of the alleged recovery has been made only for the purpose of harassment. He further  submits that  there is  no  independent witness of the  alleged recovery.  He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further  submits  that    there are no chances of  applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail  for a considerable period of time.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.

Let the applicant Yasarth Singh alias  Amit Singh alis Aryan Singh involved in Case Crime No. 889 of 2017 under Sections 379,411,427 I.P.C., P.S. Gomti Nagar, District  Lucknow  be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i)The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii)The applicant will appear before the trial court on the date fixed.

In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.

Order Date :- 22.12.2017

MLK