Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43381 of 2017 Applicant :- Shailendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 05 of 2017, under Sections 379, 411 IPC, Police Station - Tourism, District - Agra, with the prayer to enlarge him on bail.
The contention raised by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive. It is submitted by the learned counsel that the FIR was unnamed and also lodged belatedly. Later on applicant was said to have been arrested and two mobile phones of the present case are said to have been recovered from the possession of the applicant. It is submission of the learned counsel that the recovery that has been shown is false and fabricated one and there is no independent witness of the alleged recovery. It is next contended that the applicant is in jail since 21.9.2017 having no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Whereas learned AGA has opposed the prayer for bail.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and considering the complicity of the accused applicant in the present case, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant Shailendra Singh involved in Case Crime No. 05 of 2017, under Sections 379, 411 IPC, Police Station - Tourism, District - Agra, 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 :- 8.11.2017 Ranjeet Sahu