Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20413 of 2018 Applicant :- Gyanendra Srivastava Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashvani Tripathi,Raghuvansh Misra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant is not named in the first information report. His name as an accused in the present case surfaced for the first time in the statement of prime suspect Vijay Kumar Pandey. He next submitted that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive and the recovery has been made from the applicant's possession was manipulated by the police. He lastly submitted that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 22.12.2017.
Learned A.G.A. has opposed the prayer for bail and submitted that the applicant has criminal history of two criminal cases.
In reply learned counsel for the applicant submitted he has explained the criminal history in paragraph 25 of the affidavit acaccompanying the bail application.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Gyanendra Srivastava involved in Case Crime No. 949 of 2017, under Section 307 I.P.C., P.S. Barra, district- Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 29.5.2018 Faridul