Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51856 of 2021 Applicant :- Mukesh Kumar Upadhyay Opposite Party :- State of U.P.
Counsel for Applicant :- Ashvani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused- applicant- Mukesh Kumar Upadhyay, who is involved in case crime no. 92 of 2021, under Section 379, 411, 420 I.P.C., Police Station- Aurai, District- Bhadohi.
Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that neither he is named in the F.I.R. nor anything has been recovered from his possession; that there is no independent witness of the alleged incident. Submission is that the police arrested the applicant in Case Crime No. 67 of 2021 under Section 411, 413, 414, 419, 420, 467, 468, 471 I.P.C. Police Station- Lalpur, District- Prayagraj, thereafter imposed five other false cases against the applicant. It is lastly submitted that the applicant is languishing in jail since 17.06.2021 and in case he is released on bail he will not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused-applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on 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 shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2021 S.Verma