Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33620 of 2018 Applicant :- Abhinandan @ Devesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Mishra,Jagat Narain Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Abhinandan @ Devesh with a prayer to release him on bail in Case Crime No. 188 of 2018, under Sections 420, 467, 468, 471 IPC and 4/21 Mines and Minerals (Development and Regulation) Act, 1957, Police Station Kabrai, District- Mahoba, during pendency of trial.
The applicant is alleged to be owner of the vehicle, which was found without valid licence for carrying miner minerals. Argument is that the applicant is not the owner of the vehicle rather the owner of the vehicle is Ramanand Tiwari. Certificate of registration of the vehicle has been brought on record, which is annexed as Annexure No.2 to the bail bail application. The applicant has claimed that he is a student. He was travelling in the vehicle and he has been falsely implicated in this case. Further argument is that form EMM-11 (Transit pass) has been recovered from the co-accused. The applicant does not have any criminal history to his credit. The applicant is languishing in jail since 22.7.2018. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Abhinandan @ Devesh involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 concerned before the bonds are accepted.
Order Date :- 5.9.2018 Ruchi Agrahari