Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47511 of 2021 Applicant :- Bittu Kushwaha Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Bittu Kushwaha seeking enlargement on bail during trial in connection with Case Crime No. 741 of 2021, under Sections 457, 380, 411 I.P.C. registered at P.S.- Kotwali Lalitpur, District- Lalitpur.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. Police has shown false recovery of Rs. 31170/-, one golden colour ring and one locket. Real facts are that nothing has been recovered from the possession of the applicant. There is no public witness of the alleged recovery. No Test Identification Parade has been conducted. The offences are triable by the Magistrate 1st Class. Offences under sections 457, 380, 411 I.P.C. are not made out against the applicant. Recovered money belongs to the applicant. Further submitted that the applicant is languishing in jail since 12.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Bittu Kushwaha involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 v.k.updh.