Heard over bail application moved by accused-applicant, Deepak Katiyar @ Chandra Pal, in Case Crime No. 613 of 2010, under Sections 396, 201 I.P.C. Police Station-Kasganj, District-Kasganj.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 26.09.2020; he is of no criminal antecedent till implication in the present case; subsequently, he was implicated in another case, wherein, he is on bail, and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. He was neither named nor was apprehended on spot nor there was any recovery from him and merely on the basis of confessional statement, made by the co-accused, that too, to police personnels, while being under custody is there as accusation against the applicant; co-accused Dhirendra Yadav in Criminal Misc. Bail Application No. 11893 of 2011 and Abrar in Criminal Misc. Bail Application No. 26147 of 2011, have been enlarged on bail, in this very case crime number; as the applicant was not residing at his given address and was not aware of this case crime number and charge sheet was also filed against him under his absence. Hence, he could not be available for all those period for which bail rejection order has been based; presently, applicant is aware of present case; he is languishing in jail since long, as above. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose this fact that the applicant was of no criminal antecedent till implication in the present case and co-accused have been enlarged on bail.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Deepak Katiyar @ Chandra Pal, 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.
5. The applicant shall not leave jurisdiction of the above Court without prior permission of the Court concerned.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
7. The computer generated copy of such order shall be self attested by counsel of the party concerned.
8. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 17.8.2021 Deepak/