Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8367 of 2021 Applicant :- Bhupendra Kumar Chaudhary @ Guddu Chaudhary Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Mishra,Prem Narayan Singh,Ram Bahadur,Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Anil Srivastava, learned Sr. Advocate assisted by Sri Sunil Kumar Singh, learned counsel for the applicant, Sri R. K. Srivastava, 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 was further argued that applicant is not named in the FIR. Recovery is false, planted and is not connected with the present matter. Currency said to have been recovered from the possession of the applicant have not been connected with the present matter. In fact applicant was implicated in this matter only on the basis of confessional statement of the accused himself which cannot be read in evidence. Applicant is in jail since 28.12.2020. Criminal cases shown as criminal history against the applicant were planted after arrest in this matter. No prima facie case is made out against the applicant.
On the other hand, learned AGA argued that although applicant is not named in the FIR but huge amount as well as other articles were recovered from the possession of the applicant. There is ample evidence to connect the applicant with the present matter.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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 Bhupendra Kumar Chaudhary @ Guddu Chaudhary involved in Case Crime No. 331 of 2020, under Sections 419, 420, 467, 468, 471, 201 I.P.C. and Section 66-C of I.T. Act, P.S. Kotwali, District Basti 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 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.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 11.5.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.05.11 14:05:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad