Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40429 of 2019 Applicant :- Bhurey Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 194 of 2019, under Sections 381 and 411 I.P.C., P.S. Kayamganj, district-Farrukhabad and is in jail since 20.6.2019, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that neither the applicant was named in the FIR nor he has committed any offence. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the alleged recovery of Rs. 44000/- shown from the applicant's possession is totally fake and false. There is no public witness of the alleged recovery. No identification parade was conducted by the police during investigation to ascertain the real culprit. He also submitted that the main accused Dharmendra Kori, who was named in the FIR has been granted bail by this Court by order dated 20.9.2019 passed in Criminal Misc. Bail Application No. 37246 of 2019. The case of the applicant stands on a better footing than that of co-accused Dharmendra Kori, hence he is also entitled to be enlarged on bail on the ground of merits as well as parity.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Bhurey Lal involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.9.2019 Faridul