Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10029 of 2021 Applicant :- Komal Prasad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Mishra,Mohd. Zaid,Pratik J. Nagar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Recovery is false, planted and is not supported with any independent evidence. They are daily wage paid employees. Referring to documents annexed with the application it is further submitted by the learned counsel for the applicants that though recovery of currency notes is shown from their possession on the spot and they were arrested yet no prima facie case is made out against them. Co- accused have already been released on bail. Applicants have no criminal history. They are languishing in jail since 7.1.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses recorded under Section 161 CrPC and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants Komal Prasad and Sunil Kumar Nigam involved in Case Crime No. 101 of 2020, under Sections 389 IPC and 7 Prevention of Corruption Act, P.S. Lar, District - Deoria be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 30.9.2021 safi