Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27660 of 2019 Applicant :- Pawan Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Nandan Pandey,Raghuvansh Misra Counsel for Opposite Party :- G.A.,Abhishek Ahuja,Mahendra Kumar Pandey
Hon'ble Siddharth,J.
Sri Raghuvansh Misra, learned counsel for the applicant and Sri Abhishek Ahuja, learned cousnel for the informant as well as learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Pawan Kumar, with a prayer to release him on bail in Case Crime No. 335/2019 under Sections 364-A IPC, Police Station Kavi Nagar, District- Ghaziabad during pendency of trial.
Learned counsel for the applicant submitted that it is a case of false implication. The FIR was lodged against some unknown person. The applicant is not named in the FIR. Subsequently, ransom of Rs. 10 lacs was paid and the kidnapped boy was given back to the custody of his parents. The statement of the kidnapped boy was recorded under section 161 Cr.P.C. wherein he stated that the ransom amount was counted by the accused persons and thereafter he was given back in the custody of his parents. Subsequently, the applicant was apprehended, while he was traveling as pillion rider on a motorcycle and recovery of Rs. 2 lacs was made from him. From the currency recovered from the applicant it is alleged that a slip in the name of the company of the informant was found, which is stated to be the reason for connecting the applicant to the present case. Learned counsel for the applicant further stated that once child victim admitted that the currency notes were counted then there is no possibility that the slip in the name of the company of the informant would be left inside the same so that it may become cause for implication of the applicant. It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case with some ulterior motive. He does not have any criminal history to his credit. The applicant is languishing in jail since 22.02.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra Sri Abhishek Ahuja, learned counsel for the informant has submitted that the applicant has criminal history of five cases and in case he is enlarged on bail, he may tamper with the witnesses, therefore, he may not enlarged on bail keeping his criminal antecedents in view.
Learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above 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 :- 26.9.2019 S.K.