Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2049 of 2017 Applicant :- Gora @ Lalji Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Singh,Rajan Maurya Counsel for Opposite Party :- G.A.,Babulal Ram
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 490 of 2016, under Sections 302, 394, 412, I.P.C. and section 3(2)5 SC/ST Act, P.S. Akbarpur, District Kanpur Dehat.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case; the applicant was not named in the FIR and his name has cropped up in the statement of the first informant which was recorded under section 161 Cr.P.C.; applicant has been named solely on the basis of suspicion by showing false recovery of Rs. 10,000 and Rs. 3,000/- and a mobile phone which, as per the applicant, belongs to the applicant itself; subsequently on the joint pointing out further recovery has been shown of a mobile phone, aungaucha and shoes that too have been recovered from an open field; the accused applicant is in jail since 5.8.2016 and in case he is released on bail, he will not misuse the said liberty.
The bail application has been vehemently opposed by learned A. G. A. and has contended that there are call details of the accused-applicant.
Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Gora alias Lalji involved in the aforesaid case crime number be released on bail on executing a 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 19.4.2017 MT**