Shubham Verma vs State Of U.P.

Raj Beer Singh, J

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

It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. As per prosecution version while the first informant along with his family was going to market, applicant came on a motorcycle and started quarreling with them and after that he snatched his chain and started running but he was apprehended with the help of public persons at the spot. It has been submitted that no weapon has been used in alleged incident and that at the most the case would fall within the ambit of Section 356 IPC and that the case is triable by the court of Magistrate. It has been submitted that the applicant is languishing in jail since 23.07.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. has opposed the prayer for bail.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.

The bail application is allowed.

Let the applicant Shubham Verma involved in Case Crime No.282 of 2021, under Section 392, 411 IPC, P.S. Kotwali, District Mau, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

The applicant shall not tamper with the evidence during the trial.

The applicant shall not pressurize/ intimidate the prosecution witness.

The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.

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.

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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.