Arjun @ Mota vs State Of U.P.
2019 Latest Caselaw 4136 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19078 of 2019
 

 
Applicant :- Arjun @ Mota
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajesh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

Submission of learned counsel for the applicant is that applicant has come into light for the offence which was registered against unknown persons on the basis of a complaint. The recovery of three mobile phones and Rs.800/- is said to have been recovered in a planted manner and on the basis of said recovery, all other cases have been registered. Further submission is that the matter is triable by Ist class Magistrate. Applicant is languishing in jail since 30.7.2018. He undertakes that he will not misuse the liberty of bail, if granted.

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

Upon hearing learned counsel and 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 case for bail.

Let the applicant Arjun @ Mota be released on bail in Case Crime No. 493 of 2018, under Sections 392, 411 IPC, P.S. Hari Parvat, District Agra, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-

i. The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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

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 :- 6.5.2019

RCT/-