Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34488 of 2019 Applicant :- Lavkush Opposite Party :- State Of U.P.
Counsel for Applicant :- Bal Krishna Misra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
The applicant claims his implication false in this case on account of several facts brought to the notice of this Court by averments contained in the accompanying affidavit of the bail application. Contention is that initially, the applicant was named in the first information report but after investigation, nothing concrete surfaced against him, therefore, he was not arrayed as accused in the charge sheet. However, the applicant has been summoned subsequently during course of the trial by the trial court by exercising powers under Section 319 Cr.P.C. Similarly, circumstanced co- accused Subash, Ganga Ram and Ram Surat have already been admitted to bail by coordinate Bench of this Court vide orders dated 09.05.2017, 10.04.2017 and 29.05.2017 in Criminal Misc. Bail Application Nos.16045 of 2017, 10857 of 2017 and 18542 of 2017, copies whereof have been brought on record vide annexure no.9 to the affidavit filed in support of this bail application. In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 25.06.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Lavkush involved in Case Crime No.76 of 2017, under Sections 323, 504, 506, 304, 34 I.P.C., Police Station Munderwa, District Basti be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the condition with the following conditions;
(i) The applicant will cooperate with the proceeding before the trial court.
(ii) The applicant will appear before the trial court on the date fixed before the trial court.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.8.2019 rkg