Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The contention of the learned counsel for the applicant is that 20 days after the occurrence, five persons have been shown to have been arrested by the police. It is also submitted that false recovery memo has been prepared to which there is no independent witness. No test identification parade has been conducted. It is next contended that all the co-accused persons have been enlarged on bail. Co-accused Randheer Pratap Verma has been enlarged on bail by co-ordinate Bench of this Court vide order dated 27.05.2019 passed in Bail No. 2361 of 2019. Another co-accused persons namely Surendra Kumar Gupta @ Kakku and Ajay Verma @ Sagar Verma, from whom also recovery of some ornaments and other materials have been shown, have already been granted bail by co-ordinate Bench of this Court vide order dated 16.04.2019 and 20.12.2018 passed in Bail Nos. 7939 of 2018 and 10979 of 2018 respectively. The role of the applicant is identical to that of accused-applicant. As such the applicant claims parity with the bail orders of the co-accused persons. It is lastly submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Pradeep Tiwari @ Pinku @ Pankaj Tiwari involved in Case Crime No. 194 of 2018, under Sections 395, 412 IPC., Police Station- Hargaon, District- Sitapur 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 which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 30.7.2019 Vikram/-