Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30762 of 2019 Applicant :- Pankaj Kumar Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Gopal Sahai Srivastava,Indra Kumar Chaturvedi(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard Sri I.K. Chaturved, learned Senior Advocate assisted by Sri Gopal Sahai Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 128 of 2019, under Sections 286, 386, 392, 411 and 504 I.P.C., P.S. Atarra, district-Banda, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. No incriminating article or material has been recovered either from the applicant or on his pointing out. The recovery which has been shown from the applicant is totally false and fake. There is no public witness of the alleged recovery. No identification parade was conducted to ascertain the real culprits. He further submitted that similarly placed co-accused Sushil Kumar Dwivedi has already been granted bail by this Court vide order order dated 26.7.2019 passed in Criminal Misc. Bail Application No. 29979 of 2019, copy of the bail order produced by learned counsel for the applicant is taken on record. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 7.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that similarly situated co-accused has already been granted bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Pankaj Kumar Gautam be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 128 of 2019, under Sections 286, 386, 392, 411 and 504 I.P.C., P.S. Atarra, district-Banda subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 31.7.2019 Faridul