Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23723 of 2019 Applicant :- Ashish Pathak @ Rishi Pathak Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Kumar Singh 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 Ashish Pathak @ Rishi Pathak, who is involved in Case Crime No. 50 of 2019, under Sections 379, 411, 413, 414, 401,34,35, 419, 420 I.P.C., P.S. Kotwali Hamirpur, District Hamirpur, 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, whereas case was got registered against unknown person. Subsequently, upon the information of informer five persons were said to be apprehended, while they were in possession of incriminating articles, written in recovery memo and eight motorcycles were lying at above field, which were confessed to be stolen one, whereas no recovery from personal search is there from accused-applicant. Accused- applicant is of no criminal antecedents other than three cases explained in the affidavit, in which, he is on bail. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that accused-applicant is having a gang for stealing motorcycles and it was recovered so.
Perusal of First Information Report reveals that it was lodged against unknown person. Subsequently, five persons were apprehended and eight motorcycles from joint possession, lying thereat, were said to be recovered. Nothing incriminating from personal search of applicant has been recovered. He is of no criminal antecedents prior to above date of alleged recovery.
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 Ashish Pathak @ Rishi Pathak, 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:- 7.6.2019 Radhika