Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18011 of 2019 Applicant :- Devendra Singh Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Kumar Singh Rajawat Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Devendra Singh Patel, who is involved in Case Crime No. 47 of 2018, under Sections 406, 409, 420, 467, 468, 471 I.P.C., P.S. Kakarbai, District Jhansi, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; Akhilesh Kumar Tiwari is the main accused, which has been written in first information report itself; he manipulated transportation of wheat by mentioning number of trucks, which were found to be wrong and wheat was not delivered at Food Corporation Ltd., Jhansi; accused- applicant is of no concern with above occurrence; though he was transporter, but he was never given wheat for its delivery at Food Corporation Ltd., Jhansi and his truck numbers were wrongly shown by co-accused Akhilesh Kumar Tiwari; he is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that it was co-accused Akhilesh Kumar Tiwari, who was Secretary-in-charge of above purchase committee of society and he had shown transportation of wheat by truck written to be of present accused-applicant and while examined those were found to be fake transportation with no delivery of same at Food Corporation Ltd., Jhansi. Meaning thereby, present accused-applicant was neither person entrusted nor did criminal breach of trust as was written in first information report rather it was mainly co-accused Akhilesh Kumar Tiwari. Admittedly, accused-applicant is of no criminal antecedents.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Devendra Singh Patel, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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.
Order Date :- 30.4.2019 NS