Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31211 of 2019 Applicant :- Lallu Nat Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Sharan Giri Counsel for Opposite Party :- G.A.,Thakur Prasad Dubey
Hon'ble B. Amit Sthalekar,J.
Counter affidavit and supplementary affidavit filed today, are taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This instant bail application has been filed on behalf of the applicant Lallu Nat son of Hariva with a prayer to release him on bail in Case Crime No.158 of 2018 under Sections 460, 380, 411 IPC, Police Station-Naraini, District-Banda during pendency of the trial.
The contention of the learned counsel for the applicant is that the F.I.R. has been lodged by the informant against unknown person. The applicant has been falsely implicated in this case. It is further submitted that name of the applicant has come forward in the statement of co-accused Lallu Nat son of Rajbali during investigation. Recovery of one country made pistol 315 bore and 3 live cartridges and Rs. 2120/- has been shown on the pointing out of the applicant after one month, which has been planted.
Applicant is having a criminal history of eight cases, in which in one case final report has been submitted, whereas in five cases, he has already been released on bail, one case crime is related to Arms Act and the present case crime No.158 of 2018 is pending against the applicant, which has been properly explained in para No.3 of the supplementary affidavit. It has lastly been submitted that co-accused persons, namely, Chiraunji Lal Nat and Lallu Nat son of Raj Bali have already been enlarged on bail by order dated 09.07.2019 passed by the Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.27171 of 2019 and by order dated 04.07.2019 passed by Co-ordinate Bench of this Court in Crl. Misc. Bail Application No.26469 of 2019 and the case of the applicant stands on the same footing. The applicant is languishing in jail since 30.09.2018. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned AGA opposed the prayer for bail by submitting that the recovery of one country made pistol 315 bore, two live cartridges and Rs.2120/- was made on the pointing out of the applicant, which was looted by him in the incident. The applicant could not produce an arms licence when demanded. It is further submitted that though the applicant has been released in aforesaid criminal cases and one present case is pending, but it is not clear from this fact that he is not involved in the present case. Learned A.G.A. further submitted that the applicant's case stands on a different footing from the other co- accused Lallu Nat, son of Rajbali and Chiraunji Lal Nat, who have been granted bail by this Court as nothing incriminating was recovered from them and therefore, there is no parity between the applicant and other co-accused, who have been granted bail by this Court.
The recovery memo has been filed as Annexure 7 to the accompanying affidavit and perusal of the same will show that one country made pistol 315 bore and two live cartridges among other things were recovered from the applicant whereas prima facie it is seen that only some money was recovered from the other co-accused who have been granted bail by this Court as will also be clear from their bail orders. Therefore, in my opinion the case of the applicant stands on a different footing from the other co-accused, who have been granted bail by this court and the applicant is therefore, not entitled to parity in the matter of bail with the other co-accused.
Having considered the rival submissions of learned counsel for the parties, facts and circumstances of the case, prima facie, no case is made out for grant of bail.
The bail application is accordingly, rejected. Order Date :- 29.11.2019 Pr/-