Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56043 of 2019 Applicant :- Prateek Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Johri Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 1458 of 2018, under Section 409 IPC, police station Baradari, district Bareilly, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that initially first information report dated 21.10.2018 was lodged as Case Crime No.1458 of 2018, under Sections 420, 406, 323, 504 and 506 IPC at police station Baradari, district Bareilly, in which the present applicant has already been enlarged on bail by the coordinate Bench of this Court vide order dated 15.10.2019 passed in Criminal Misc. Bail Application No. 41577 of 2019, but the Investigating Officer after investigation submitted charge sheet dated 7.8.2019 by adding Section 409 IPC also. Therefore, the applicant has moved the present bail application in added section. It is further submitted by learned counsel for the applicant that while adding section 409 IPC there is no change in the allegation and evidence against the applicant. The allegation against the applicant, which was available at the time of granting bail by this Court vide order dated 15.10.2019 is still intact. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant is facing detention since 20.6.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant, Prateek Mishra be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 17.12.2019 Sumaira