Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15686 of 2021 Applicant :- Gautam Karnwal Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Gautam Karnwal, in connection with Case Crime No. 488 of 2020, under Sections 255, 272, 273, 420, 467, 468, 471, IPC, and Section 60 of Excise Act, Police Station Jani, District Meerut.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted by learned Counsel for the applicant that he is not named in the FIR. His name has surfaced during investigation in the statement of co-accused Amit. It is argued that Amit, who is nominated in the FIR, has been admitted to bail by Hon'ble Vivek Kumar Singh, J., vide His Lordship's order dated 08.02.2021 passed in Criminal Misc. Bail Application No.6192 of 2021, entitling the applicant to parity, as his case stands on a better footing than Amit. It is also pointed out that co-accused Brijpal @ Tunda, has been admitted to bail by this Court vide order dated 22.02.2021, passed in Criminal Misc. Bail Application No.11313 of 2021. It is also pointed out that the applicant has no criminal history and is in jail since 08.01.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant is not named in the FIR, the fact that the applicant's name has surfaced through the statement of a co- accused, the fact that unnamed co-accused Amit has been granted bail, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Gautam Karnwal, in connection with Case Crime No. 488 of 2020, under Sections 255, 272, 273, 420, 467, 468, 471, IPC, and Section 60 of Excise Act, Police Station Jani, District Meerut, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) 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 default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 6.4.2021 NSC