Allahabad High Court
Sunil @ Lefery vs State Of U.P. on 26 July, 2019
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30086 of 2019 Applicant :- Sunil @ Lefery Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 2477 of 2018, under Sections 489A, 489B, 489C, 489D, 489E, 420, 467, 468 and 471 I.P.C., P.S. Kavi Nagar, district-Ghaziabad, is seeking enlargement on bail during the trial.
It is alleged in the FIR that the applicant was arrested along with other two accused persons and from his pocket fourteen counterfeit currency notes of Rs. 100 were found. He next submitted that the applicant is a student of class XII. He has not committed any crime and has been falsely implicated in the present case due to some ulterior motive. The recovery which has been shown from his house is totally false and there is no public witness of the alleged recovery. Further submission is that notes were found from the pocket of the applicant and it is evident from the FIR itelf that the applicant was not trying to circulate currency. The only offence which has been committed by the applicant is of Section 489C which is a bailable offence.
He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 5.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sunil @ Lefery 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 in Case Crime No. 2477 of 2018, under Sections 489A, 489B, 489C, 489D, 489E, 420, 467, 468 and 471 I.P.C., P.S. Kavi Nagar, district-Ghaziabad subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.7.2019 Faridul