Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The applicant has moved this bail application seeking bail in respect of his involvement in Case Crime No. 133 of 2018 under Sections 420, 406, 504, 506 IPC, Police Station Lalganj, District Raibareli.
The submission of the learned counsel for the applicant is that the complainant has falsely implicated the applicant in the alleged incident. It has further been submitted that there was certain transactional disputes between the applicant and the complainant and in order to give the same a colour the alleged First Information Report was lodged.
Learned counsel for the applicant further submits that that the applicant has been in Jail since 08.06.2018 and the co-accused, namely, Gopal Sheromani Shukla, who was having similar role has already been enlarge on bail vide order dated 4.12.2019, passed in Bail No.4068 of 2019, thus, his submission is that the applicant is also entitled to be enlarged on bail as the applicant is on better footing than the co-accused who has been granted bail. It has further been submitted that there is no chance for the applicant to have misused the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, however, he could not dispute the fact that the applicant has been in Jail since 8.6.2018 and he does not dispute the contention advanced by learned counsel for the applicant.
Considering the rival submissions of the learned counsel for the parties, material available on record as well as the totality of the facts and circumstances, looking to the ground of parity and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
Let the applicant Laxmi Shankar Bajpayee involved in aforesaid case crime number be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
(i) The applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) The applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charges; and (c) recorded of statement under Section 313 Cr.P.C.
(iv) The applicant shall abide with his undertaking and return the admitted amount deposited in his bank account to the informant.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 19.8.2021 Gautam