Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40478 of 2019 Applicant :- Brijpal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Avdhesh Narayan Tiwari 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. 136 of 2019, under Sections 420, 411 I.P.C. and Section 66 I.T. Act, P.S. Kalpi, district-Jalaun, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was not named in the first information report nor in the statements of the witnesses recorded during investigation. No stolen property has been recovered either from his possession or his pointing out. The implication of the applicant in the present case is based upon his confessional statement made by him before the police after he was taken into custody. Further submission is that no proper identification parade was conducted by the police during investigation to ascertain the real culprit. He also submitted that the other co-accused Pawan Goswami, whose role is identical to the present accused has been granted bail by another Bench of this Court vide order dated 25.9.2019 passed in Criminal Misc. Bail Application No. 39747 of 2019. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 2.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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.
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