Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17255 of 2021 Applicant :- Mohan Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit filed by learned A.G.A. today, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. Applicant is not named in FIR, which was lodged against unknown persons alleging that some unknown persons have robbed tractor and trolley loaded with sugarcane and that they have committed murder of father of informant. It was pointed out that involvement of applicant was shown on the basis of information by informer and after that applicant and co-accused persons, namely, Brijesh Verma and Ram Aasare were apprehended by police and from their joint possession a stolen motorcycle was shown recovered but there is no independent witness of alleged recovery. The recovery of alleged mobile phone of deceased has been shown from the possession of co- accused. Learned counsel has submitted that there is no cogent evidence against applicant and that no T.I.P. of applicant was conducted from any of the witness. Regarding criminal history, it was submitted that criminal history of two cases has been shown against applicant but applicant has already been granted bail in all these two cases and that criminal history has duly been explained in supplementary affidavit. It has been further submitted that similarly placed co-accused Brijesh Verma has already been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 31.08.2021, passed in Criminal Misc. Bail Application No.-22630 of 2021. It has been submitted that the applicant is languishing in jail since 06.02.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that during investigation, involvement of applicant was found. However, it has not been disputed that similarly placed co- accused Brijesh Verma has already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Mohan Verma involved in Case Crime No.57 of 2021, under Sections 411, 460, 120B IPC, Police Station Sadar Bazar, District Shahjahanpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 7.10.2021 Neeraj