Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48812 of 2021 Applicant :- Hari Shankar Opposite Party :- State of U.P.
Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Sushil Kumar Dubey, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Hari Shankar in Case Crime No. 430 of 2021, under Sections 399, 402 I.P.C., Police Station- Bakewar, District- Etawah, with the prayer to enlarge him on bail during trial.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case with ulterior motive. The applicant was neither assembled with co- accused persons nor he was making any preparation to commit dacoity as alleged in the F.I.R. A false recovery of knife has been made from the applicant, except this nothing has been recovered from the possession or at the pointing out of applicant. The offence under Sections 399, 402 I.P.C. is not made out. There is no early prospect of conclusion of trial. So, the applicant, who is languishing in jail since 21.09.2021, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and evidence available on record, without expressing any opinion on merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
The bail application is allowed.
Let applicant- Hari Shankar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.12.2021 Vikas