Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21570 of 2021 Applicant :- Lalbahadur Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
Accused-applicant, involved in Case Crime No.58 of 2021, under Sections 363, 368 and 370 I.P.C., Police Station Phephana, District Ballia applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. He further submits that alleged recovery of Rs.11,000/- from the possession of the applicant belongs to him. He has not taken any money from the parties. It is also submitted that co-accused Santosh Ram in his statement under Section 161 Cr.P.C. has specifically stated that applicant has no concerned with the aforesaid case and co- accused Santosh Ram, father of the child himself has sold the child to Jitendra Kumar in sum of Rs.1,23,900/-. It is also submitted that there is no independent witness of the said recovery. No specific role has been assigned to the accused- applicant. He is in jail since 24.04.2021. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant- Lalbahadur Singh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not threaten or harass the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial court.
4. The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
5. 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
7. The computer generated copy of such order shall be self attested by counsel of the party concerned.
8. 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.
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 :- 27.5.2021 Asha Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 15:10:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad