Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22818 of 2019 Applicant :- Lavkush Bhati Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Lavkush Bhati has prayed to release him on bail in Case Crime No. 717 of 2019, u/s 395, 412, 506 I.P.C., P.S. Sahibabad, District Ghaziabad.
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 he has been falsely implicated in this very case crime number, which was got registered against three offenders for offence punishable under Sections 394 and 506 I.P.C. Subsequently, a recovery memo was prepared and on the basis of it, Case Crime No. 729 of 2019, was got lodged on 25.3.2019, in which accused applicant was shown to be in possession of a tamancha of .315 bore, under working condition, one live cartridges with one voter ID card of Ashish Thomar and one Vivo, colour golden mobile phone with IMEI number written in the recovery memo whereas no such recovery was there and in above case crime number accused applicant has been granted bail. This implication is with false recovery, of which there is no independent public witness. Co- accused Sohan Kumar, has been enlarged on bail in Criminal Misc. Bail Application No. 22174 of 2019, by a coordinate Bench of this Court. He is of no criminal antecedent except Case Crime No. 729 of 2019, in which he is on bail. 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 during trial.
Learned AGA has vehemently opposed the bail application but could not oppose the above argued facts.
Under all above facts and circumstances as well as bail order to co-accused in this very case crime number, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions. Accordingly, the bail application is allowed.
Let the applicant, Lavkush Bhati, 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 :- 30.5.2019 Kamarjahan