Vijay Nishad vs State Of U P

Court No. - 24

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32632 of 2017 Applicant :- Vijay Nishad Opposite Party :- State Of U.P.

Counsel for Applicant :- Dinesh Pratap Singh Counsel for Opposite Party :- G.A.,Dinesh Pratap Singh

Hon'ble Aniruddha Singh,J.

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

According to prosecution case F.I.R. was lodged by principal, G.G.I.C. Allahabad against the applicant; the allegation is that on the occasion of International Yog Divas on 21.6.2017 to be held at Pared Ground; car was parked and left her purse, T-shirt in the car. After leaving the girls at the pared ground when she returned to her car; she found that one person was sitting in the car and three glasses of the car were broken. Recovery memo shows that a lady purse, a t- shirt, six pen and 5000/- rupees were recovered from the possession of the applicant.

It has been submitted by the learned counsel for the applicant that a false recovery has been shown from the possession of the applicant. There is no evidence to connect the applicant with the present matter. Applicant has no criminal history. Prosecution case is not supported by any independent evidence. It is further submitted that the applicant is innocent and has been falsely implicated in the present case. Applicant is languishing in jail since 21.6.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.

Let the applicant Vijay Nishad involved in the Case Crime No. 299 of 2017, under Sections 379, 411 IPC, P.S. Daraganj, District Allahabad 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 subject to the following conditions:

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

2. The applicant shall not pressurize the prosecution witnesses.

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

4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.

5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.

Order Date :- 7.11.2017 A. Singh