Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28511 of 2020 Applicant :- Kunal Rao Opposite Party :- State of U.P.
Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Ramesh Kumar Singh, holding brief of Sri Anurag Tripathi, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. Applicant is not named in the F.I.R. Name of the applicant surfaced in this matter on the basis of confessional statement of the co-accused. Referring to the confessional statement of the co-accused, it is further argued that main role of causing fatal injury to the deceased has been assigned to the co-accused. No specific role has been attributed to the applicant. It is further submitted that recovery made in the matter was planted and is not supported by any independent evidence. No proper test identification parade has been conducted to identify the currency said to have been recovered in the matter. It is further argued that the applicant is languishing in jail since 14.2.2020 having no criminal antecedents. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. 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, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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 applicant Kunal Rao involved in Case Crime No.60 of 2020 under Sections 396, 201, 412 IPC, Police Station Padrauna, District - Kushinagar be released on bail on furnishing 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 applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 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.
4. 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 him 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 :- 26.10.2021 ss