Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18070 of 2019 Applicant :- Annu Singh Bhadauriya Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The allegations made in the F.I.R. is false and the applicant has no concern with the offence in question. His name surfaced in the confessional statement of co-accused. False recovery has been shown from him by the police to show their good work. Nothing incriminating has been recovered from the possession of the applicant. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 23.8.2019. Co- accused Amit Singh Rajawat and Ajay Agnihotri having same degree of accusation have already been enlarged on bail by a coordinate Bench of this Court vide orders dated 11.12.2018 and 5.4.2019 passed in Criminal Misc. Bail Application Nos. 47173 of 2018 and 14182 of 2019, respectively. Hence bail has been prayed for.
Learned AGA has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Annu Singh Bhadauriya involved in Case Crime No. 01 of 2018 (S.S.T. No. 13 of 2019), under Sections - 394, 411 I.P.C., Police Station - Bhognipur, District - Kanpur Dehat, 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 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.
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 :- 30.4.2019 Pcl