Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49306 of 2021 Applicant :- Deepak Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Rajendra Kumar Singh, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Deepak in Case Crime No. 708 of 2021, under Sections 398, 401 I.P.C., Police Station- Kotwali City, District- Bijnor, with the prayer to enlarge him on bail during trial.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is submitted that police is said to have arrested four accused persons including the applicant but nowhere it finds mention that any person has escaped from the place of occurrence. No offence under Section 398 I.P.C. is made out against the applicant. It is further submitted that applicant is alleged to have been involved four other criminal cases out of which in two cases applicant has already been enlarged on bail by the court below and in rest cases he is still in jail. There is no early prospect of conclusion of trial. So, the applicant, who is languishing in jail since 11.10.2021, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but he could not dispute that applicant has not been arrested while committing theft, but as per prosecution case applicant has been arrested while he was preparing for robbery along with other accused persons.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and evidence available on record, without expressing any opinion on merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
The bail application is allowed.
Let applicant- Deepak be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
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 prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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 :- 22.12.2021 Vikas