Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17734 of 2019 Applicant :- Basant Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Basant Tiwari has prayed to release him on bail in Case Crime No. 48 of 2019, u/s 411, 413, 414 I.P.C., P.S. Gohan, District Jalaun.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. First Information Report under suspicion i.e. under Section 41, 411, 413, 414 I.P.C. was got registered on Police Station Gohan, District Jalaun, on 2.4.2019 at 4:41 hours, upon recovery memo of S.H.O. Anand Kumar Pandey, in which four motorcycles along with a knife has been shown to be recovered from accused applicant Basant Tiwari whereas no such recovery was there nor above motorcycle was recovered nor any criminal antecedents is there nor there is any independent public witness of alleged recovery. This implication was false and there is no likelihood of fleeing from course of justice or tampering with evidence. Bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Basant Tiwari, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable 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.
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 :- 26.4.2019 Kamarjahan