Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12513 of 2021 Applicant :- Om Prakash Giri Opposite Party :- State of U.P.
Counsel for Applicant :- Devesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant-Om Prakash Giri to release him on bail in Case Crime No.11 of 2021, u/s 41, 411, 413, 414 I.P.C., P.S.-Cantt., District-Varanasi.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that accused-applicant is innocent and has falsely been implicated in this very case crime number. Applicant is in jail since 04.01.2021 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents till alleged date of arrest. Subsequently, two cases have been planted against him, whereas his name was said to be disclosed by co-accused. Recovery of 13 mobile phones were shown from a room, whereas no independent public witness is there nor applicant was of any concern with above room or alleged recovery. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application, but could not dispute the fact that applicant is of no criminal antecedents till alleged arrest in this case.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that name of applicant was there on the basis of confessional statement of co-accused made to police and there is no independent witness of alleged recovery. Recovery was from room nor from physical possession of applicant.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant-Om Prakash Giri involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to 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 :- 6.5.2021 SK Goswami