Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23049 of 2019 Applicant :- Govind Opposite Party :- State Of U.P.
Counsel for Applicant :- Ambrish Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Govind has prayed to release him on bail in Case Crime No. 92 of 2019, u/s 457, 380, 411 I.P.C., P.S. Nawabganj, District Farrukhabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, of which report was got lodged on 15.4.2019 whereas the said occurrence was of 12.4.2019 and this report was five days delayed. Name of accused applicant was taken under enmity. No such occurrence ever occurred nor there was any recovery. There is no independent public witness of alleged recovery. Accused applicant is of no criminal antecedent. He is languishing in jail since long. Co-accused Ram Kailash, who was named in the F.I.R. has been enlarged on bail by this court vide order dated 28.5.2019 passed in Criminal Misc. Bail Application No. 22237 of 2019, whereas accused applicant was not named in the F.I.R. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Sri Munne Lal, learned AGA has vehemently opposed the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Govind, 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.
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 :- 31.5.2019 Pcl