Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14179 of 2021 Applicant :- Ashish Dwivedi @ Mukesh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjeev Kumar Khare, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 680 of 2019 under Section 4/5 of The Explosive Act, P.S. Kotwali City, District Banda.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; there is no recovery made of any incriminating article from the applicant; name of the applicant has come during investigation in the statement of co-accused; as regards criminal history, same has been explained in para 3 of the Supplementary-Affidavit as three cases in which he has been allowed bail, orders of which are annexed at Annexures SA-1, 1a and 1b; co-accused, Ashis Sahu @ Nilu and Rakesh Dwivedi have been allowed bail by Coordinate Benches of this Court on 22.09.2020 and 9.9.2020 respectively, copy of the orders have been provided and the same are taken on record. Applicant has also claimed parity with the co-accused; the accused applicant is in jail since 17.03.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence, claim of parity, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant, Ashish Dwivedi @ Mukesh involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 A. Mandhani