Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23093 of 2019 Applicant :- Lakshmi @ Lakhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Sen Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Lakshmi @ Lakhan has prayed to release him on bail in Case Crime No. 228 of 2019, u/s 380, 457, 411 I.P.C., P.S. Vrindavan, District Mathura.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, report of which was made by Sitaram Thakur, who was owner of a Dhaba over which accused-applicant was an attendant/ servant and accusation was for theft of 20 packets of cigarette, 12 packets of Pan Mashala and Rs. 5000/- cash and the same was reported to be recovered from accused-applicant after three days, whereas no such recovery was ever made nor there was any independent public witness of alleged recovery nor there was any specific mark of identification of the alleged recovered article for connecting with the said offence nor there was any criminal antecedent of the applicant. He was attendant/ servant at above Dhaba, hence footage in CCTV was natural. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application with contention that there is CCTV footage of this theft and recovery.
Considering the rival submissions and gone through the material placed on record it is apparent that 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, Lakshmi @ Lakhan, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 Pcl