Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16655 of 2021 Applicant :- Mahendra Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Mahendra, in connection with Case Crime No.59 of 2021, under Sections 392, 411 IPC, Police Station Atrauli, District Aligarh.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that the applicant has been implicated falsely in the present crime along co-accused Pawan of being found in possession of a motorcycle of HF Delux Make without a registration bearing Chasis no. MBLHAW0201HA05338 and Engine no. HA11ENKHA10140. It is also charged that from the joint possession of the applicant and co-accused Pawan, a looted mobile phone, JTEC Make was recovered. It is submitted on behalf of the applicant that so far as the motorcycle is concerned, it is owned by co- accused Pawan's father, who is its registered owner. There is no recovery of any looted mobile from the applicant, which has been planted on him on account of the fact that there was an issue between the first informant and some other man, who was riding a motorcycle with his sister, where the applicant and the co- accused were also moving on their vehicle. It is this misunderstanding, in the submission of the learned Counsel for the applicant, which has led to apprehension of the applicant, followed by their false implication by the police. It is submitted that the offence is triable by the Magistrate and the applicant is a respectable man with no criminal history and is in jail since 09.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the motorcycle belongs to the father of co-accused Pawan, the fact that prima facie the recovery of mobile phone does not appear to be established, the fact that there is a background about a misunderstanding between the informant and some other man, which led to the applicant's apprehension by the police, the fact that the offence is triable by the Magistrate, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Mahendra, involved in Case Crime No.59 of 2021, under Sections 392, 411 IPC, Police Station Atrauli, District Aligarh be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 10.5.2021 Anoop