Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38306 of 2021 Applicant :- Rahul Gaud And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Deep Chand Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, 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 applicants Rahul Gaud and Amar Gaud seeking enlargement on bail during trial in connection with Case Crime No. 504 of 2020, under Sections 454, 380, 411 I.P.C. registered at P.S.- Kotwali, District- Deoria.
Submission of learned counsel for the applicants is that applicants are innocent and have been falsely implicated. Nothing has been recovered from the possession of the applicants. Alleged recovery from the possession of the applicants is false. Investigating officer has submitted charge- sheet in the matter. There is no eyewitness of the alleged recovery. Offences under Sections 454, 380, 411 are not made out. He further submitted that the alleged offences are triable by the Magistrate 1st Class. Applicants have explained criminal history in para 8 of the affidavit filed in support of the bail application. Further submitted that the applicants are languishing in jail since 09.08.2020.
Per contra, learned A.G.A. opposed the prayer for bail.
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 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, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants Rahul Gaud and Amar Gaud involved in the aforesaid case crime, be released on bail on their 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.
Order Date :- 20.12.2021 v.k.updh.