Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17616 of 2019 Applicant :- Durgesh Kumar Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Kameshwar Singh 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 Durgesh Kumar Gautam, who is involved in Case Crime No. 30 of 2019, under Sections 411, 413 I.P.C., P.S. Baberu, District Banda, 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; he was apprehended from his house and subsequently this implication was made for recovery of a tractor of Sonalika D.I.; there is no independent public witness of the alleged recovery and he is of no concern with above occurrence; it was a planted recovery by police; accused- applicant is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but he could not dispute the aforesaid facts.
From the perusal of material available on record, it is apparent that apprehension was on the basis of suspicion i.e. under Section 41 Cr.P.C. and Sections 411, 413 I.P.C, but accused- applicant is of no criminal antecedents, hence the only accusation is of charge under Sections 411, 413 I.P.C..
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 Durgesh Kumar Gautam, 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 :- 26.4.2019 NS