Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23752 of 2019 Applicant :- Bhupendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Mehrotra,Dhirendra Kumar Agrahari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Bhupendra has prayed to release him on bail in Case Crime No. 197 of 2019, u/s 222 I.P.C. Police Station-Brahmpuri, District-Meerut.
Heard learned counsel for the applicant and learned A.G.A. representing the State. Perused the record.
Learned counsel for the applicant has argued that the accused applicant is innocent and he has been falsely implicated in this very case crime number. Though he was on a police escort who was carrying convict accused who fled from police custody for which the first information report was lodged as Case Crime No. 197/2019 and he was enlarged on bail by court of Judicial Magistrate, Meerut on 29.03.2019 for offence punishable under Section 221, 223, 224 &120B I.P.C. of Police Station- Brahmpuri, District-Meerut, wherein application by Investigating Officer was moved on the very next day of bail order for amending and warranted by adding offence punishable under Section 222/225 of I.P.C. and this application was accepted, whereupon Section 222 I.P.C. was added and for this Section 222 I.P.C. this bail application has been moved. Neither there is any chance of fleeing from course of justice nor tempering with evidence nor it was intentional; rather it was mere negligence on the part of the accused appellant which is punishable under Section 223/224 read with Section 29 of Police Act. The applicant is in jail since last three months and hence, a prayer for bail has been made.
Learned A.G.A. has vehemently opposed the bail application but could not dispute this fact that in case crime no. 197/2019 accused appellant has been enlarged on bail under Sections 221, 223, 224 & 120B I.P. C. Police Station-Brahmpuri, District- Meerut and under Section 221of I.P.C. punishment of 7 years is there and in present case also convict who escaped from lawful custody was not with capital punishment for escape of imprisonment was up to 7 years only. Accused applicant has been enlarged on bail in present case crime itself by court of Judicial Magistrate, Meerut. 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 and also the ground of grant of bail for this added section under Section 222 I.P.C. is there this court is of the view that the applicant may be enlarged on bail.
Accordingly, the bail application is allowed.
Let the applicant, Bhupendra 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 :- 7.6.2019 Pcl