Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31247 of 2021 Applicant :- Kallu @ Sandeep Opposite Party :- State of U.P.
Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 255 of 2020, under Sections 392, 411 & 504 IPC, Police Station Badagaon, District Jhansi, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence.
(ii) Recovery of Rs.14050/-, one mobile and one tamanch is shown from the possession of applicant. The said mobile is not looted property and the same is not connected with any loot or theft.
(iii) Applicant is in jail since 15.11.2020, having no criminal history.
(iv) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
(v) Co-accused, namely, Surendra Kumar Yadav has already been granted bail on 12.02.2021 in Criminal Misc. Bail Application No.3398 of 2021 by a co-ordinate Bench of this Court Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, role of accused, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Kallu @ Sandeep be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 19.8.2021 I.A.Siddiqui