Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25502 of 2021 Applicant :- Radhey Lal @ Vikas @ Fauzi Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Radhey Lal @ Vikas @ Fauzi seeking enlargement on bail during trial in connection with Case Crime No. 162 of 2020, under Section 307 of I.P.C. registered at P.S.- Fatehabad, District- Agra.
Submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in this case. There is no specific role assigned to the applicant in the FIR. It is further submitted that the applicant is not named in the F.I.R. nor anything has been recovered from the possession of the applicant or on his pointing out. It is further submitted that the co-accused Brahmdutt and Manmohan @ Gullan have already been granted bail by co-ordinate bench of this Court in Criminal Misc. Bail Application No. 16935 of 2021 & 18573 of 2021 on 22.07.2021 & 23.06.2021 respectively. The applicant is in jail since 30.07.2020.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the co-accused Brahmdutt and Manmohan @ Gullan have already been granted bail and the case of the present applicant is at par with those co-accused persons, without commenting any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Radhey Lal @ Vikas @ Fauzi involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 VPS