Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47238 of 2021 Applicant :- Durveen Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
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. 281 of 2021 under Sections 379, 411 I.P.C. registered at P.S.- Kotwali Dehat, District- Etah.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case owing to village factionalism. Applicant is not named in the F.I.R. Nothing has been recovered from the possession of the applicant or from his pointing out. There is no evidence against the applicant. There is no independent witness of the alleged recovery. Criminal history has been explained in paragraph 21 of the Affidavit. Recovery of three solar plates of moser-bear company is false. Further submitted that the applicant is languishing in jail since 03.08.2021.
Per contra, learned A.G.A. 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, keeping in view the nature of offence, punishment provided therein, case is triable by magistrate first class, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Durveen 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 :- 24.12.2021 A. Mandhani