Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52990 of 2019 Applicant :- Baliram Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate and perused the record.
By means of this application, the applicant Baliram Gupta, who is involved in Case Crime No.174 of 2019, under Sections 379, 411 I.P.C., Police Station Shyamdeurwa, District Maharajganj, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is submitted that on 03.08.2019, FIR under section 379 I.P.C. was lodged against unknown person. Thereafter on 04.08.2019 police apprehended three accused persons namely, Amit Prasad @ Satyanand, Baliram Gupta (applicant) and Ram Nagina and one motorcycle from each of them has been recovered. Thereafter a separate Case Crime No.175 of 2019 was registered against the applicant and other co-accused persons in which applicant has been granted bail. Thereafter applicant has been implicated in the present Case Crime No.174 of 2019 alongwith other co- accused persons. Co-accused Amit @ Satyanand has been granted bail on 14.11.2019 by the coordinate Bench of this Court in Criminal Misc.Bail Application No.48603 of 2019. It is submitted that prior to 04.08.2019 applicant has no criminal history. He is languishing in jail since 04.08.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the application for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Baliram Gupta, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 29.11.2019 SKD