Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55716 of 2019 Applicant :- Kuldeep Tiwari @ Bhodoo Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 114 of 2019, under Sections 411 and 413 IPC, police station Kotwali Dehat, district Banda, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that as per prosecution case, on 18.8.2019 police apprehended the applicant along with Hero Honda Splendor motorcycle of without number plate bearing chassis No. MBLHA10ADBHM05503 and engine No. HA10HBHM06627, and thereafter, impugned first information report dated 18.8.2019, under Sections 411 and 413 IPC was lodged against the applicant.
The main substratum of argument of learned counsel for the applicant is that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive, because the said recovered motorcycle has not been connected by the police in any criminal case, and regarding the said motorcycle, no first information report has been lodged by the owner of the said motorcycle. It is also submitted by the learned counsel for the applicant that the applicant has a criminal history of six cases including the present case and the same has been explained by him in paragraph No. 11 of the bail application, in which proceedings of one Case Crime No. 120 of 2016, under Section 110 Cr.P.C. has been dropped and in the remaining cases, the applicant is already on bail. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant is facing detention since 18.8.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant, Kuldeep Tiwari @ Bhodhoo be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 16.12.2019 Sumaira