Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43531 of 2021 Applicant :- Girraj Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Girraj Singh in Case Crime No. 635 of 2010, under Sections 420, 467, 468, 471 IPC, Police Station-Kotwali Nagar, District-Bulandshahar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 18.08.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. This first information report was got lodged on 19.08.2010 against named 08 accused persons, but investigation resulted submission of final report; documents were held to be valid one; subsequently, final report was not accepted and a direction for further investigation was made, after which, applicant was arrested in this very case crime number, whereas, other six accused persons have been given protection in anticipatory bail application, granted by co- ordinate Bench of this Court. Hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not oppose the above factual aspects.
Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Girraj Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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 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 :- 28.10.2021 Dhirendra/