Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23036 of 2019 Applicant :- Rajesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Srivastava 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 Rajesh, who is involved in Case Crime No. 482 of 2018, under Sections 392, 411 I.P.C., P.S. Jaswant Nagar, District Etawah, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number on the basis of alleged recovery of Tamancha and Rs.42,000/- whereas this money was of his own and he has claimed it and Tamancha was falsely planted. This report was against unknown miscreant and after arresting accused-applicant four cases have been planted over him. Prior to this arrest, there was no criminal antecedent of accused- applicant. There is no independent public witness of alleged recovery. No such confession or recovery was made. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Having heard learned counsel for both sides and gone through the material placed on record, it apparent that accused-applicant had claimed money of Rs.42,000/- alleged to be recovered from him. There is no independent public witness of alleged recovery. Prior to this recovery, there was no criminal antecedent of accused-applicant.
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 Rajesh, involved in above mentioned case crime number be released on bail 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 NS