Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20821 of 2019 Applicant :- Anuj Singh @ Raja Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Anuj Singh @ Raja, who is involved in Case Crime No. 47 of 2019, under Sections 394, 411 I.P.C. & 12/14 D.A.A. Act, P.S. Naraini, District Banda, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. He was with no criminal antecedent prior to alleged date of arrest and recovery. He has been falsely implicated in this very case crime number on the basis of alleged confession, whereas no such confession was ever made by him. The alleged vehicle was not recovered from the possession of accused-applicant. No identification parade for establishing his identity has been conducted. There is no independent public witness of alleged recovery. Applicant has been enlarged on bail in Case Crime No. 48 of 2019, under Sections 411, 413, 419, 420, 468, 471 read with 34 I.P.C. and 41 Cr.P.C. at Police Station Naraini, District Banda in Criminal Misc. Bail Application No. 22190 of 2019 by another coordinate Bench of this Court. This case crime number was lodged on the same date. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for applicant.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Anuj Singh @ Raja, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 30.5.2019 NS