Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31822 of 2021 Applicant :- Raj Kumar Tyagi @ Raju Opposite Party :- State of U.P.
Counsel for Applicant :- Prabha Shanker Bharti Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Prabha Shanker Bharti, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. No proper test identification parade was arranged in this matter. Although, applicant is named in the F.I.R., yet offences levelled in the present matter are not attracted against him. First information report was lodged on the basis of false facts and the same is not supported by independent evidence. Applicant was not arrested on the spot. Thus, referring to the entire facts and evidence, prayer for bail is made. It is further submitted that criminal case shown against the applicant as criminal history, has been duly explained. Applicant is languishing in jail since 09.04.2021. Co- accused Manjeet, who was arrested on the spot, having identical role has been allowed on bail vide order dated 27.08.2021 passed by coordinate Bench of this Court in Criminal Misc. Bail Application No. 29226 of 2021. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Raj Kumar Tyagi @ Raju involved in Case Crime No.0479 of 2021, under Section 393 IPC, Police Station Sahibabad, District- Ghaziabad be released on bail on furnishing a personal bond and two heavy 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. 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.
4. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 26.10.2021 Ravi/-