Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40739 of 2018 Applicant :- Brajbhan @ Virra Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against unknown persons alleging that on 22.8.2018 'Kundal' of the complainant was looted. Subsequently, Brajbhan and Ajay Rathore were arrested by the Police personnel and Rs.70/- and Kundal was recovered. The applicant has confessed the crime.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 3.9.2018 (about two months); two cases of criminal history have been explained; the applicant is innocent and has been falsely implicated in the present case; recovery was planted by the Police; no identification parade of person and property was conducted; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Brajbhan @ Virra involved in Case Crime No.
455 of 2018, under Sections 392, 411 I.P.C., P.S.-Kotwali, District-Budaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant 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 appellant 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 OP