Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44944 of 2021 Applicant :- Digamber Singh Opposite Party :- State Of U.P. Through Secretary Home, U.P. At Lucknow Counsel for Applicant :- Vipin Chandra Pandey,Shri Prakash Dwivedi 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 been falsely implicated in the present case. As per prosecution version, co-accused persons have brought the driver of the truck to the police post. The allegation of truck driver that applicant and co-accused persons have demanded Rs. 3 lakhs for allowing him to take away the truck, is false and baseless. It was stated that applicant was working as Sub-Inspector and that he was falsely implicated by merely seeing his name on the name plate and that nothing incriminating has been recovered from the applicant. It was submitted that applicant has not made any demand of money. Lastly, it was submitted that the applicant is languishing in jail since 16.09.2021, 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.
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 Digamber Singh involved in Case Crime No.
439 of 2021, under Sections 342, 386 of IPC, P.S. Farah, District Mathura, 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.
Digitally signed by RAJBEER SINGH Date: 2021.10.30 14:29:27 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 28.10.2021 A. Tripathi