Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23789 of 2019 Applicant :- Pravesh Kumar Opposite Party :- State Of Up Counsel for Applicant :- Deepak Gaur Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 61/2019 under Sections 398, 401, 411, 414 IPC, police station Friends Colony, District Etawah with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive; that there is no independent witness to the alleged recovery; that the recovery as shown is totally false and fabricated; that the applicant has not committed any crime as alleged; that co- accused Shyam Kumar, Deependra alias Deepu, Ramu alias Prince alias Raja and Hemant alias Chhotu have already been enlarged on bail by another Bench of this Court, copies of which have been produced and the same are taken on record; that the applicant has no criminal history and he is in judicial custody since 03.02.2019 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. However, he does not dispute the fact that similarly placed co-accused persons have already been enlarged on bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Pravesh Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 10.6.2019 Anand