Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20870 of 2019 Applicant :- Mahipati @ Raj Bahadur @ Chaturi Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Mahipati @ Raj Bahadur @ Chaturi, who is involved in Case Crime No. 41 of 2019, under Sections 395, 412 I.P.C., P.S. Naseerpur, District Firozabad, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number, which was registered against two unknown persons for snatching tractor. A false recovery memo was planted, in which accused-applicant was shown to be seated in Wagon R car. Tractor was recovered from someone else. He is of no concern with above offence of robbery of tractor and on the basis of confessional statement, he has been implicated in this case crime number, whereas no such confession was ever made by him nor there was any such occurrence. Criminal history of ten cases has been explained in supplementary affidavit, out of which two cases have been planted on above date of alleged arrest. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that it was lodged against unknown miscreants. Accused-applicant was not apprehended with tractor concerned. It was someone else from whose possession tractor was recovered. Accused-applicant was said to be seated in a Wagon R car, which was confessed to be stolen one. Criminal history has been duly explained.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Mahipati @ Raj Bahadur @ Chaturi, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 :- 31.5.2019 NS