Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40743 of 2018 Applicant :- Praveen Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely Sonu Kumar Dev Pandey @ Anand Kumar Pandey, Anand Kumar Dev @ Bachole and Lavkush Dev Pandey alleging that on 9.8.2018 they stolen the bullet of complainant. Later on 15.8.2018 accused Praveen Singh, Ramesh Kumar Singh, Virendra Kumar Chaudhari, Rahul Chaudhari, Chandrashekhar Chauhan and Gupteshwar @ Loha Singh were arrested by the police and recovered three motorycles and one swift dzire car.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. Reman of accused Praveen Singh (applicant), Ramesh Kumar Singh, Virendra Kumar Chaudhari and Rahul Chaudhari has been refused by court concerned in Case Crime No. 66 of 2018, under Section 41/411, 419, 420, 467, 468, 471 IPC, P.S.
Pannuganj, District Sonbhadra on the request of Investigating Officer vide order dated 5.10.2018. With regard to person and property, identification parade has not been conducted. Recovered motorcycles were not connected with any crime. There is no independent witness against the applicant. He is languishing in jail since 15.8.2018 (more than two months) having no previous criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no previous criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Praveen Singh involved in Case Crime No. 65 of 2018, under Sections 380, 411, 419, 420, 467, 468, 471 IPC, Police Station Pannuganj, District Sonbhadra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 A. Singh