Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45919 of 2021 Applicant :- Anurag Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Pandey,Archna Singh Jadaun,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Anurag Singh seeking enlargement on bail during trial in connection with Case Crime No. 175 of 2021, under Sections 395, 397, 506, 412/34 I.P.C. registered at P.S.- Devgaon, District Azamgarh.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. Looted DIGI Tracking Machine bearing No. 30109848 has not been recovered from the possession of the applicant. Learned counsel for the applicant drew the attention of the Court towards page No. 27 of the paper-book, wherein it has been stated that the aforesaid DIGI Machine No. 30109848 has been allegedly recovered from the possession of co-accused Harendra. Further submitted that the applicant is languishing in jail since 24.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that alleged looted D.G. Machine has not been recovered from the possession of applicant, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Anurag Singh involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 21.12.2021 v.k.updh.