Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43458 of 2021 Applicant :- Brijesh Koel Opposite Party :- State of U.P.
Counsel for Applicant :- Ray Sahab Yadav 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 Brijesh Koel seeking enlargement on bail during trial in connection with Case Crime No. 123 of 2021, under Sections 41, 379, 411, 418, 420, 414 I.P.C. registered at P.S.- Haliya, District- Mirzapur.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Police took the applicant from his house on 19.08.2021 and planted forged and fabricated recovery of motorcycles. Nothing has been recovered from the possession of the applicant. Only three motorcycles were shown to have been recovered from his possession or his pointing out. Seven other motorcycles were recovered from the possession of other co-accused persons. Only two motorcycles have been connected with the criminal cases and other 8 motorcycles have not been connected with any offences so far. No Test Identification Parade has been conducted by the police. Further submitted that the applicant is languishing in jail since 21.08.2021.
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 Brijesh Koel 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.