Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17383 of 2019 Applicant :- Lavkush Shukla Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagat Narayan Mishra,Krishna Dutt Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Lavkush Shukla has prayed to release him on bail in Case Crime No. 51 of 2019, u/s 420, 406, 467, 468, 471, 411, 504, 506 I.P.C., P.S. Rajapur, District Chitrakoot.
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 and offence punishable under Section 504, 506, 420 and 406 I.P.C. was got registered at Police Station Rajapur at 14:30 hours, against driver of truck registration No. UP70- ET-2690 using cellphone No. 6374885173 whereas accused applicant has been written to be arrested while being in vehicle UP71-T-3848 and it was said that he confessed for tampering with the number plate by using another number plate for truck registration No. UP70-ET-2690 and upon his pointing 370 bags of wheat were recovered from open field. There is no independent witness nor any such recovery was there. It was a planting by police and information was that one driver committed fraud whereas in recovery memo, they apprehended two drivers. Accused applicant is of no concern with this above driver. He is of no criminal antecedents. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application with this contention that it was a huge recovery of wheat.
Accused applicant is of no criminal antecedents. He was not named in FIR. No independent public witness is of alleged recovery. Recovery of wheat is from open field. Under all above facts and circumstances, 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 Shukla, 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 :- 25.4.2019 Kamarjahan