Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14901 of 2021 Applicant :- Dinesh Alias Babu Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Manoj Kumar Tripathi, learned counsel for applicant and learned A.G.A. for State.
This application for bail has been filed by applicant Dinesh Alias Babu seeking his enlargement on bail in Case Crime No.
392 of 2020, under Sections 392, 411 IPC, P.S. Garh Mukteshwar, District Hapur, during pendency of trial.
Record shows that in respect of an incident, which is alleged to have occurred on 16.09.2020, a prompt F.I.R. dated 16.09.2020 was lodged by first informant Sri Shashank Bansal and was registered as Case Crime No. 392 of 2020, under Sections 392, 411 IPC, P.S. Garh Mukteshwar, District Hapur. In the aforesaid F.I.R. three unknown persons have been nominated as accused.
According to prosecution story as unfolded in the F.I.R., it is alleged that on 16.9.2020 three unknown persons committed extortion and took away certain goods and cash.
Pursuant to aforesaid F.I.R., police proceeded with statutory investigation of aforesaid case crime number in terms of Chapter XII Cr. P. C. During course of investigation on 11.10.2020, police apprehended four persons namely Dinesh alias Babu, applicant herein, Sachin alias Chhotu, Vipin and Shivam. Applicant Dinesh alias Babu and Sachin alias Chhotu admitted their involvement in above mentioned case crime number. On their pointing out, certain recoveries were made and subsequently on the statement of arrested accused Sachin, one person namely Arjun was subsequently arrested.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. No recovery has been made from the applicant. Applicant is in jail since 12.10.2020. As such applicant has been under incarceration for more than 5 months. It is next submitted that co-accused Arjun and Sachin alias Chhotu have already been enlarged on bail by this Court, vide orders dated 21.1.2021 and 8.2.2021 respectively. Their bail orders are placed before Court. Same are taken on record. For ready reference, order dated 21.1.2021 is reproduced herein under:-
"Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant(s), Arjun, who is involved in Case Crime No. 392 of 2020, under Sections 392, 411 I.P.C., P.S.- Garhmukteshwar, District- Hapur.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that FIR of case crime no. 394 of 2020 was lodged against unknown persons in regard to loot of Rs.45,000/- from the informant. Subsequently in another case crime no. 436 of 2020 under Section 307 IPC the name of applicant was figured in the statement of co-accused Bipin and Sachin. Thereafter on 12.10.2020 the applicant was apprehended by he police in case crime no. 441 of 2020 under Sections 307 and 482 IPC and from the possession of applicant Rs.1,05,000/- was recovered. The applicant has no criminal antecedents prior to FIR of this case.
Learned A.G.A. vehemently opposed the prayer for bail.
Admittedly, the applicant was not identified by the informant of case crime no. 392 of 2020, who has lodged the FIR in regard to loot of Rs.45,000/-. The offence is triable by the court of Magistrate. The applicant is languishing in jail since 12.10.2020.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Arjun, 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 with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court."
Similarly, for ready reference, order dated 8.2.2201 is produced herein under:-
"Heard Sri Deepak Rana, learned Counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in this case. Applicant was not named in the First Information Report. He was arrested in Case Crime No.0436 of 2020 on 12.10.2020 and on the basis of confessional statement, he was implicated in the present case. Nothing has been recovered from the possession of the applicant and the alleged recovery of Khata-bahi and calculator are forged and planted by the police. There was no public witness of the said recovery. It is further submitted that co-accused Arjun has been granted bail by a Co- ordinate Bench of this Court vide order dated 21.1.2021 passed in Criminal Misc. Bail Application No.4497 of 2021. The applicant is also entitled for bail on the ground of parity. Criminal history has been explained in Paragraph no.14 of the affidavit filed in support of the bail application. The applicant has not committed any offence as alleged in the F.I.R and it is a case of false implication. It is further submitted that there is no chance of the applicant fleeing away from the judicial process or of tampering with the prosecution evidence. He next submits that the applicant is in jail since 12.10.2020 and if released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant-Sachin @ Chhotu be released on bail in Case Crime No.392 of 2020 under Sections 392, 411 I.P.C., registered at P.S. Garhmukteshwar, District Hapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison."
On the aforesaid premise, it is urged that for the facts and reasons mentioned in the orders dated 21.1.2021 and 8.2.2021 coupled with the fact that case of the present applicant is similar and identical to that other co-accused, applicant is also liable to be enlarged on bail on the ground of parity.
Per contra, learned A.G.A. has opposed this application. However, he could not dispute submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused, but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Dinesh Alias Babu, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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 case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 7.4.2021 HSM