Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7651 of 2018 Applicant :- Lavlesh Singh Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri R.K.Mishra, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence.It is next contended that the FIR was lodged against unknown person for looting of tractor and the applicant is not named. Further, nothing has been recovered from the possession of the applicant and false recovery has been shown as there is no independent witness of the alleged recovery.It is also contended that police has falsely implicated the applicant in other four cases after the present FIR. This fact is mentioned in paragraph 11 of the affidavit filed in support of the bail application, which has been properly explained. It is further contended that other co-accused persons having similar role to that of the applicant have been released on bail by this Court in Criminal Misc. Bail Application numbers 6305 of 2018, 59 of 2018 and 6509 of 2018, hence the applicant is also entitled to be released on bail..Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 4.1.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Lavlesh Singh Patel involved in Case Crime No.326 of 2017, under Sections 395, 412 IPC ,Police Station Charwa, District Kaushambi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned, if not warranted in any other case with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the ba Order Date :- 27.2.2018 IA