Deepak vs State Of U P

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43043 of 2017 Applicant :- Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- Abha Gupta Counsel for Opposite Party :- G.A.

Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

The applicant seeks bail in Case Crime No.0953 of 2017, under Sections 41, 411, 413 and 414 I.P.C., Police Station-Kalyanpur, District Kanpur Nagar.

Learned counsel for the applicant submitted that applicant has been falsely implicated in the matter with ulterior motive and the recovery that has been shown from the applicant is false and fabricated one. As per recovery memo, 1 tablet, 7 mobile phones, 1 metal chain and 1 pair of tops are said to have been recovered from the possession of the applicant. There is no independent eye witness of the recovery. The applicant is having no previous criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 28.8.2017.

Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.

Let the applicant-Deepak, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant shall co-operate in the investigation.

2. The applicant shall not tamper with the prosecution evidence.

3. The applicant shall not pressurize the prosecution witnesses.

4. The applicant shall appear on the date fixed by the trial Court.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 7.11.2017 Ajeet