Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23056 of 2019 Applicant :- Praveen Baisla Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Praveen Baisla, who is involved in Case Crime No. 46 of 2019, under Sections 392, 411, 120-B I.P.C., P.S. Janshat, District Muzaffarnagar, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; applicant was neither named in the first information report nor was apprehended on spot nor anything was recovered from his possession; his name was brought in light in the confessional statement of co-accused, who was subsequently apprehended, thereafter, he was arrested and upon his pointing a false recovery of Rs.1,70,000/- has been planted, though there is no specific mark of identification on notes concerned to connect the same with above offence of robbery and applicant is of no criminal antecedents. The applicant has claimed above alleged money of Rs. 1,70,000/- to be of his own. He is of no criminal antecedent other than five explained in the affidavit in which he is on bail. Hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail with this contention that accused-applicant is employee of that company and under his conspiracy and assistance this offence of robbery of huge amount was committed, in which recovery of Rs.1,70,000/- was made upon his pointing out.
First Information Report was lodged against unknown robbers; accused-applicant was not apprehended on spot nor instant recovery from his possession was there. His name was brought in light on the basis of confessional statement made by co- accused, who were apprehended with huge amount, thereafter, recovery of Rs.1,70,000/- upon his pointing was being said, but no specific mark of identification was there on the notes concerned to connect the same with above occurrence of robbery. The alleged recovered money of Rs. 1,70,000/- is claimed by the applicant to be of his own.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Praveen Baisla be released on bail in above mentioned Case Crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2019 Pcl