Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45115 of 2021 Applicant :- Avnish Opposite Party :- State Of U.P. Through Principal Secretaray Home. Lknw.
Counsel for Applicant :- Mohan Kant Baghel,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
Heard Sri Mohan Kant Baghel, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further argued that no prima facie case is made out. Kidnapped/abducted person has been recovered. Although applicant is named in the FIR but no active role has been assigned against him. Arrest of the applicant having been falsely shown as he was arrested from his house. It is also argued that co-accused Ashish Pauniya, Ankit Sharma and Bablu having similar role have been allowed on bail by co-ordinate Bench of this Court vide orders dated 06.08.2021 and 13.08.2021 vide Criminal Misc. Bail Application Nos. 26995 of 2021; 27004 of 2021 and 26566 of 2021 respectively. Applicant has no criminal history. He is languishing in jail since 15.04.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, complicity of the accused, scrutinizing the facts mentioned in the FIR, statement of witnesses recorded under Section 161 Cr.P.C. and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Avnish involved in Case Crime No. 193 of 2021, under Sections 364-A, 323 I.P.C., P.S. Tundla, District Firozabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.10.2021 Sachdeva Digitally signed by OM PRAKASH Date: 2021.10.29 13:04:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad