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Amar Bahadur Patel vs State Of U P

High Court Of Judicature at Allahabad|28 November, 2019
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JUDGMENT / ORDER

Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51208 of 2019 Applicant :- Amar Bahadur Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Alakshendra Pratap,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 302 of 2019, under Sections 395, 397, 412, 120-B and 34 IPC, police station Shankargarh, district Prayagraj, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that on 26.9.2019 first information report was lodged under Sections 397 and 395 IPC against unknown persons regarding recovery of Truck No. MP 17 AA 8980. On 23.9.2019, co-accused, Man Singh was apprehended by the police along with aforesaid truck in question, who in his confessional statement, has disclosed the names of three other accused persons, namely, Amar Bahadur Patel (present applicant), Sanjay Kumar Patel and Manoj Kumar Patel and further stated that three other persons were also involved in the case, whose names are not known to him. It is again submitted that pursuant to the said disclosure made by co-accused, Man Singh, the applicant and other persons were apprehended by the police on the same and from the possession of applicant an amount of Rs. 800/- was recovered.
The main substratum of argument of learned counsel for the applicant is that there is no recovery of truck from the possession of the applicant and the applicant has no criminal antecedent to his credit and is facing detention since 23.9.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
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, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant, Amar Bahadur Patel, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with 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 whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
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 :- 28.11.2019 Sumaira
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Title

Amar Bahadur Patel vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 November, 2019
Judges
  • Sanjay Kumar Singh
Advocates
  • Alakshendra Pratap Ramesh Chandra Yadav