Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34199 of 2019 Applicant :- Govind Pandey @ Govinda Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhir Kumar Tripathi,Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The present bail application has been filed by the applicant in Case Crime No.84 of 2019, under Sections 392, 411 of IPC, Police Station Chaurichaura, District Gorakhpur with the prayer to enlarge the applicant on bail.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is not named in FIR and no identification parade was conducted and that applicant was falsely involved in this case. Alleged recovery of Adhar Card, Pan Card and Pass Book of complainant after 18 days of incident, is false and concocted and there is no independent witness of alleged recovery. It was submitted that applicant was apprehended on 01.04.2019 and he was falsely shown involved in six cases including this case and that he has already been granted bail in other cases and that alleged recovery of Rs. 24750/- shown from applicant, is false and concocted. It was submitted that applicant is languishing in jail since 01.04.2019 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail and argued that recovery has been effected from applicant.
Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Govind Pandey @ Govinda involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate complainant or any prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted by court.
4. The applicant will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
Order Date :- 17.12.2019 Mohit