Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21944 of 2019 Applicant :- Karmendra @ Tinku Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Nath Bhakta Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Karmendra @ Tinku, who is involved in Case Crime No. 899 of 2017, under Sections 419, 420 I.P.C. and Section 66D Information Technology (Amendment) Act, P.S. Kotwali, District Fatehpur, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number on the basis of confessional statement made by co-accused. There is no recovery of any incriminating article from him. Accused-applicant is of no concern with alleged occurrence. Accused-applicant is having criminal antecedent of one case, in which he is on bail and the same has been explained in affidavit filed in support of bail application. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Having heard learned counsel for both sides and perused the material placed on record, it is apparent that first information report was lodged against two unknown miscreants. Two persons were apprehended while being under suspicion. They confessed their guilt, in which disclosure about other members of gang was made and name of accused-applicant was there.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Karmendra @ Tinku, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 NS