Sattey Vs. State Of U.P.

Allahabad High Court (Single Judge)

CRIMINAL MISC. BAIL APPLICATION, 26375 of 2017, Judgment Date: Jul 27, 2017

HIGH COURT OF JUDICATURE AT ALLAHABAD 

 

Court No. - 22 

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26375 of 2017 

Applicant :- Sattey 
Opposite Party :- State Of U.P. 
Counsel for Applicant :- Alok Kumar Singh 
Counsel for Opposite Party :- G.A. 

Hon'ble Abhai Kumar,J. 
 

Supplementary affidavit filed today, is taken on record. 
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record. 
The present bail application has been filed by the applicant in Case Crime No. 123 of 2017, under sections 379 & 411 I.P.C., Police Station Dankaur, District Gautam Budh Nagar with the prayer to enlarge him on bail. 
It is submitted by the learned counsel for the applicant that an unnamed FIR was lodged on 22.3.2017 whereas recovery from the applicant is shown on 23.3.2017. It is further submitted by the learned counsel that no independent witness is there and recovery has been falsely made with ulterior motive. The criminal history is also explained. It is next submitted that in case applicant is enlarged on bail, he will not misuse the liberty of bail. The applicant is in jail since 23.3.2017. 
Learned A.G.A for the State 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 seeing the fact that the applicant is in jail since 23.3.2017, a prima facie case for bail is made out. 
Let the applicant?Sattey, involved in Case Crime No. 123 of 2017, under sections 379 & 411 I.P.C., Police Station Dankaur, District Gautam Budh Nagar, be released on bail on his furnishing a personal bond and two local 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 before the bonds are accepted. 
 

Order Date :- 27.7.2017 
N.A