Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40741 of 2021 Applicant :- Dinesh Prakash Lohani Opposite Party :- Union of India Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- Rajnish Kumar Rai
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 08 of 2021 under Section 3 of R.P.U.P. Act (Railway Property (Unlawful Possession) Act, 1966 registered at P.S.- R.P.F., District- Bareilly Submission of learned counsel for the applicant is that applicant is innocent. He has not committed the alleged offence. He is not named in the F.I.R. Applicant has been falsely implicated in this case on the basis of his own confessional statement. Further submitted that the applicant is languishing in jail since 01.08.2021. Next submitted that maximum punishment for the aforesaid offence is three years and case is triable by Magistrate, First Class.
Per contra, learned counsel for Union of India opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, nature of offence, punishment provided therein, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Dinesh Prakash Lohani involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 A. Mandhani