Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22630 of 2019 Applicant :- Gaurav Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla 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 Gaurav Mishra, who is involved in Case Crime No. 84 of 2019, under Sections 420, 467, 468, 471, 506, 120-B/34 I.P.C. and Sections 18, 19 and 20 of Transplantation of Human Organs Act, 1994, P.S. Barra, District Kanpur Nagar, is seeking enlargement on bail.
Learned counsel for the applicant argued that accused applicant is innocent. He has been falsely implicated in this very case crime number on the basis of confessional statement made by co-accused T Raj Kumar Rao @ Raju Rao, who has been enlarged on bail in this very case crime number by this Court in Criminal Misc. Bail Application No. 20082 of 2019, vide order dated 14.5.2019. Accusation against him was that he was interlinked in between donor and hospital concerned. Whereas other accusation was against other persons. He is of criminal antecedent of one case, which has been explained. He is of no concern with present occurrence. The offence under Section 18, 19 and 20 of Transplantation of Human Organs Act, is cognizable only on the basis of complaint made by appropriate authority and no appropriate authority has lodged complaint in this very case. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the aforesaid facts.
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 Gaurav Mishra, 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 :- 29.5.2019 Kamarjahan