Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17781 of 2019 Applicant :- Atul Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Amar Bahadur Maurya 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 Atul Gupta, who is involved in Case Crime No. 26 of 2019, under Sections 395, 397, 412, 120-B I.P.C., P.S. Kotwali, District Bareilly, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; accused-applicant has been apprehended while being said to be in possession of illicit arms; from his personal search recovery was said to have been made, which was claimed by accused-applicant to be of his own; alleged recovery, with no specific mark of identification, was made within two days from occurrence by police in encounter, in which two accused persons were killed and rest accused managed to escape; accused-applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
First Information Report of Case Crime No. 26 of 2019 reveals that it was got lodged against unknown person with specific accusation of robbery of Rs.15,00,000/- cash and this was recovered in an police encounter, in which whole money was recovered. Two person were killed in police encounter. Subsequently, present accused-applicant was apprehended while being over motorcycle and in possession with two mobile phones and cash of Rs.300/- and on the basis of his confessional statement, he has been implicated in this case crime number. The accused-applicant is of no criminal antecedents prior to this occurrence. There is no independent public eyewitness of above 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 Atul Gupta, 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 :- 29.4.2019 NS