Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17978 of 2019 Applicant :- Basant Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Usha Srivastava,Saurabh Tripathi,Vinod Kumar Srivastava 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 Basant Singh, who is involved in Case Crime No. 48 of 2019, under Sections 411, 413, 419, 420, 468, 471/34 I.P.C. and Section 41 Cr.P.C., P.S.
Naraini, District Banda, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; neither any such recovery was ever made from the possession of accused-applicant nor any confession was made by him; he has been falsely implicated in this very case crime number though alleged robbed car was not recovered from his possession and the other car was being driven by co-accused Gulshan Jaiswal and he has been shown to be boarding in it, whereas there is no public witness of alleged recovery; accused-applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that it was lodged on the basis of alleged confession made by two accused persons, who were boarding in a car alleged to be robbed from informant Vinod Prajapati in another case crime number and subsequently present accused-applicant along with co-accused Gulshan Jaiswal was apprehended while boarding in a Swift Dzire car on the basis of above confession. The accused-applicant is of no criminal antecedents.
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 Basant Singh, 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 :- 30.4.2019 NS