Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24207 of 2021 Applicant :- Chandu @ Chandra Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Srivastava,Ghan Shyam 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 Chandu @ Chandra Prakash seeking enlargement on bail during trial in connection with Case Crime No. 255 of 2019, under Section 60, 63, 72, U.P. Customs and Excise Act & Section 420, 467, 468, 471 of I.P.C. registered at P.S.- Derapur, District- Kanpur Dehat.
Submission of the learned counsel for the applicant is that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the two co-accused Goga Ram and Chuna Ram who were arrested on the spot have already been granted bail by co-ordinate bench of this Court in Criminal Misc. Bail Application No. 50771 of 2019 vide order dated 20.11.2019. It is further submitted that the name of the applicant came into light during investigation in the statement of co-accused Goga Ram and Chuna Ram. It is further submitted that criminal history of the applicant has been explained in the para 26 of the affidavit. The applicant is in jail since 08.02.2021.
Per contra, learned A.G.A. vehemently 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, nature and severity of punishment in case of conviction, complicity of the 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, particularly the fact that two co-accused Goga Ram and Chuna Ram have already been granted bail and case of the present applicant is on better footing with that of these co-accused, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Chandu @ Chandra Prakash 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 VPS