Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13026 of 2021 Applicant :- Brahm Swaroop @ Lalla Opposite Party :- State of U.P. Counsel for Applicant :- Alok Sharma 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 has been filed by the applicant Brahm Swaroop @ Lalla seeking bail in Case Crime No. 158 of 2017, under Sections 379, 411, 420 IPC, Police Station Kotwali, District Bareilly, during pendency of trial.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. He further submitted that alleged recovery has been shown by the police after 3-1/2 years and public/independent witness has not supported the alleged recovery. He further submitted that no offence is made out against the applicant under sections 379, 411 and 420 IPC and the offence is triable by the Magistrate. He further submitted that prior to this incident, applicant has no criminal history. He next submitted that the applicant is languishing in jail since 17.09.2020.
Per contra, learned A.G.A. opposed the prayer for bail but did not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment, in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting any opinion on merits of the case, the case for bail is made out.
The bail application is accordingly allowed.
Let the applicant Brahm Swaroop @ Lalla be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will co-operate in the trial pending before the court concerned on the dates fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant 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.
The party shall file computer generated copy of order downloaded from the official website of the High Court, Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the parties concerned.
The concerned authority/court/official shall verify the authenticity of the computerized copy of the order from the official website of the High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 v.k.updh.