Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45268 of 2021 Applicant :- Aahad Opposite Party :- State Of U.P Counsel for Applicant :- Sunil Kumar Gaur Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Aahad, in Case Crime No. 587 of 2021, under Sections 395, 323, 506 I.P.C, Police Station Jagdishpura, District- Agra, wherein, accusation of offence punishable under Section 412 I.P.C. is against applicant only, and bail rejection order is for above section, hence, this bail is being pressed for offence punishable under Section 412 I.P.C.
Sri Manish Kumar, Advocate, holding brief of Sri Sunil Kumar Gaur, learned counsel for the applicant argued that accused applicant is innocent; he has been falsely implicated in this very case crime number and he is of no criminal antecedent; there has been said to be a recovery of Rs. 32,000/-, from his residence and this accusation was on the basis of confessional statement of co-accused whereas the money was said to be of applicant and there is no specific mark of identification for identifying above currency notes with above offence of dacoity; the offence was got registered against five unknown miscreants and no identification or identity of property is there; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that applicant was not named in first information report and he was of no criminal antecedent. No specific mark of identification on alleged recovered currency note is there.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Aahad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.10.2021 Kamarjahan Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.29 17:20:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad