Shankar @ Teetu And Another vs State Of U.P.
2019 Latest Caselaw 5755 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24226 of 2019
 

 
Applicant :- Shankar @ Teetu And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Vivek Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This is a bail application on behalf of the applicants in connection with Case Crime No.29 of 2019, under Sections 392, 411, 120B, 34 IPC, P.S. Gajraula, District Amroha.

The contention of the learned counsel for the applicants is that they have been falsely implicated in the present case on the basis of their confessional statements which has been recorded by the I.O.. He further submitted that nothing incriminating has been recovered from the possession of the present applicants. Offence is triable by the Magistrate. He further submitted that no proper identification was conducted by the police. He further submitted that the main co-accused Sandeep has already been enlarged on bail vide order dated 17.5.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application No.20845 of 2019. Lastly, he submitted that the applicants have criminal history and they are languishing in jail since 6.3.2019 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.

Learned AGA has opposed the bail plea.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

Accordingly, the bail application stands allowed.

Let the applicants Shankar @ Teetu and Ravi Kumar be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

i) The applicants shall not tamper with the prosecution evidence.

ii) The applicants shall not threaten or harass the prosecution witnesses.

iii) The applicants shall appear on the date fixed by the trial court.

iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 8.7.2019

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