Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20978 of 2019 Applicant :- Chhote @ Ravi @ Shyam Pratap Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Yadav,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Yogesh Kumar Srivastava, Advocate for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 66 of 2019, under Sections 394, 411 IPC, Police Station Sirsaganj, District Firozabad.
3. It is stated that the First Information Report did not contain name of applicant and subsequently several persons were arrested who were involved in incident in question and co-accused, Mahipal alias Raj Bahadur alias Chaturi has been granted bail in Criminal Misc. Bail Application No. 21045 of 2019.
4. However, record shows that applicant has criminal history as disclosed in para 7 of bail application, which reads as under:
“A. That 1st case is Case Crime No. 144 of 2016, u/s 307, 504, 34, 326 IPC at P.S. Nagla Khanger, District Firozabad in this case applicant has been granted bail by Sessions Judge Firozabad vide order dated 05.01.2017.
B. That 2nd case is Case Crime No. 180 of 2011, u/s 2/3 Gangster Act, at P.S. Nagla Khangar, District Firozabad in this case applicant enlarge on bail by this Hon'ble Court being bail application No. 19870 of 2012 vide order dated 03.05.2012.
C. That 3rd case is Case Crime No. 78 of 2011, u/s 302, 201, 394 IPC and 3(2)5 of S.C./S.T. Act, at P.S. Nagla Khangar, District Firozabad in this case applicant enlarge on bail by this Hon'ble Court being bail application No. 6994 of 2012 vide order dated 22.03.2012.”
5. It is said that applicant has been granted bail in all these matters but the fact remains that he is continuously involved in several matters and looking to the nature of offences and his criminal history, I do not find it a fit case for grant of bail.
6. Applicant is also claiming parity with co-accused Mahipal alias Raj Bahadur alias Chaturi, who has been granted bail by this Court vide order dated 23.05.2019 in Criminal Misc. Bail Application No. 21045 of 2019. The said order reads as under:
“By means of this application the applicant Mahipati @ Raj Bahadur @ Chaturi has prayed to release him on bail in Case Crime No. 66 of 2019, u/s 394, 411 I.P.C., P.S. Sirsaganj, District Firozabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, which was registered against unknown persons and accused applicant was apprehended while being with a motorcycle owned by his own wife and alleged Tamancha, whereas no incriminating material was recovered from him, no public witness was there nor recovery of any article in the present case crime number was against the applicant. Criminal antecedent has been duly explained in the affidavit filed in support of bail application, wherein he has been acquitted. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application.
Perusal of F.I.R. reveals that it was got lodged against three unknown miscreants. Recovery memo reveals that accused applicant was apprehended while being with a motorcycle owned by his own wife along with a Tamancha for which there is no independent witness. Criminal antecedents have been duly explained. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Mahipati @ Raj Bahadur @ Chaturi, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.”
7. I have gone through the aforesaid order and find that therein the Court has said that criminal antecedents have been duly explained and that has been taken into consideration to be a relevant factor for granting bail but in the present case criminal history is there which shows involvement of applicant in heinous crime. Looking to entire facts and circumstances, I do not find it a fit case for grant of bail.
8. Application is accordingly dismissed.
Order Date :- 18.12.2019 AK