Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44782 of 2021 Applicant :- Lalu Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. Applicant is not named in FIR, which was lodged against unknown persons alleging that two miscreants have snatched golden chain, ear rings, mobile phone and cash of Rs. 10,000/- from informant and his wife. It was submitted that alleged incident of robbery took place on 26.06.2021 and that applicant and co-accused persons were arrested by police on 03.07.2021 in Case Crime No. 106 of 2021, under Sections 307, 41, 411 IPC, P.S. Ranipur, District Mau and that false recovery of some yellow metal jewellery was shown from the applicant. There is no independent witness of alleged recovery and in fact the said recovery was planted upon the applicant. It was stated that applicant has no previous criminal history. After his apprehension in this case he was shown involved in some more cases, which have duly been explained in affidavit. Lastly, it was submitted that the applicant is languishing in jail since and that he is languishing in jail since 03.07.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Lalu Kumar involved in Case Crime No. 101 of 2021, under Sections 392, 411 of IPC, P.S. Ranipur, District Mau, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 28.10.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.30 14:38:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad