Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43815 of 2021 Applicant :- Deepak Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Ravat Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. Applicant is not named in FIR, which was lodged against unknown persons. In the FIR inter-alia it was alleged that total amount of Rs.9,16,150/- was withdrawn from the bank account of first informant on different dates by miscreants by using his A.T.M. card. It was stated that there is no evidence that this amount was withdrawn by applicant. It has been submitted that during investigation, applicant was apprehended by the police and recovery of six A.T.M. cards was shown from him, but there is no independent witness of alleged recovery and the same was planted upon him. It has been further submitted that co-accused Upendra Singh Bhadauriya was also apprehended along with applicant and that recovery of 20 A.T.M. cards was shown from him and said co-accused Upendra Singh Bhadauriya has already been enlarged on bail by a co-ordinate Bench of this Court, the copy of which is available on record. It has been submitted that the applicant is languishing in jail since 18.03.2020 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused namely, Upendra Singh Bhadauriya has already been already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Deepak Kumar involved in Case Crime No.28 of 2020, under Sections 420, 406, 411 I.P.C. & 66 I.T. Act, P.S.- Chaubepur, District- Kanpur Nagar, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.10.2021 Neeraj