Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52274 of 2019 Applicant :- Alok Kumar Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Raghuraj Singh, learned counsel for the applicant as well as Mrs. Alpana Singha, learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No.130 of 2019, under Sections 406, 419, 420, 409, 411, 120-B I.P.C., P.S. Kuthaund, District-Jalaun.
As per prosecution story, the FIR of the incident was lodged by the informant, who was Incharge/Secretary, F.C.I. against Manoj Singh and Rajesh Thakur, owner and the driver of the Truck bearing No.UP 79 T5633, alleging therein 600 bags (670 qtl.) wheat was loaded in the aforesaid truck through Challan no.24/906 dated 6.5.2019 for transporting it to the F.C.I. godown, Orai but the wheat was not delivered to the F.C.I. godown. it is also alleged in the FIR that both owner and the driver have embezzled the wheat.
Learned counsel for the applicant submitted that neither the applicant was named in the FIR nor he has committed any offence. The applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Nothing incriminating article has been recovered from the possession of the applicant. It is lastly submitted that applicant is having no criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 03.09.2019.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant-Alok Kumar Pandey, involved in the above mentioned case 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:-
(i) The applicant will not temple with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of Court, will attend the Court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 Ajeet