Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25489 of 2021 Applicant :- Malkhan Opposite Party :- State Of Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 130 of 2021, under Sections 395, 397, 332, 353, 171-F, 504, 412 I.P.C. & under Section 7 Criminal Law Amendment Act & 3/4 Prevention of Damage to Public Property Act at Police Station Fatehabad, District Agra.
Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to village parti-bandi. It is further submitted that F.I.R. in the present case has been lodged against 50 to 60 unknown persons alleging that on 15.06.2021, the informant and other persons were in their polling duty and at about 11:30 am, a mob of 50 to 60 persons came at the polling booth, shattered the property of school and started mar-peet with them. As per the allegation of F.I.R., the 2 ballot box were also looted by the mobs. It is further submitted that during investigation a team of police personnel made a raid over the house of applicant and false recovery has been shown from his house. It is further submitted that there is no independent/public witness of the alleged recovery. Applicant has no previous criminal history. The applicant is languishing in jail since 16.04.2021 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Malkhan involved in the above mentioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
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 :- 12.8.2021 AKT