Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20637 of 2018 Applicant :- Gyanendra Srivastava Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuvansh Misra,Ashvani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he 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. It is further submitted that the applicant was 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. 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. It is also submitted that apart from the present case, the applicant has been implicated in the Case Crime Nos. 949 of 2017 and 950 of 2017 in connection with the same incident dated 22.12.2017 in which the applicant has already been granted bail by this Hon'ble Court on 29.05.2018 in Crl. Misc. Bail Application No. 20413 of 2018 arising out of Case Crime No. 949 of 2017.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of 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. 947 of 2017, under Sections 307/393 I.P.C., Police Station 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 court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2018 Arti