Anoop Kumar vs State Of U.P.
2019 Latest Caselaw 6131 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23959 of 2019
 

 
Applicant :- Anoop Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sanjay Kumar Dwivedi
 
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. 86 of 2019 under Sections 379, 411 I.P.C. Police Station-Chhata, District-Mathura, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the applicant was apprehended by the police and an amount of Rs. 2 lakhs was recovered and that amount was distributed among several thieves. Learned counsel for the applicant further submitted that 12 batteries of tower were also recovered from the possession of the present applicant. He next submitted that there is no independent witness of the alleged recovery and he has further submitted that Rs. 2 lakhs which was alleged to have been recovered from the possession of the applicant were given by the real brother of the applicant to him for the purpose of delivering the amount to the sister of the applicant whose daughter's marriage was to be solemnized. He lastly submitted that the applicant is languishing in jail since 21.03.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. All the offences are triable by the court of Magistrate. The offences in which the present applicant has been implicated are punishable below 7 years of punishment.

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, Anoop Kumar 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. 86 of 2019 under Sections 379, 411 I.P.C. Police Station-Chhata, District-Mathura 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 :- 9.7.2019

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