Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15825 of 2021 Applicant :- Rajkumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Surat Patel Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A for the State through video conferencing.
The instant bail application has been filed with a prayer to grant bail to the applicant Rajkumar in Case Crime No.45 of 2021, under Sections-399, 401, 411, 413 and 414 I.P.C., Police Station- Kotwali Konch, District- Jalaun.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. No motorcycle was recovered from the possession of the applicant or on his pointing out. It is further submitted that the applicant has been charged under Section 399 I.P.C. which is making preparation to commit dacoity. Offence under Section 399 I.P.C. can be committed by more than five persons whereas in the F.I.R. only two persons have been shown. Offence under Section 399 is not made out against the applicant. There is no independent witnesses of the alleged recovery. All the witnesses are police witnesses. Offence under Sections 399, 401, 411, 413 and 414 I.P.C. is not made out against the applicant from the materials available on record.
It is next submitted that there are no chances of applicant's fleeing from the judicial process or tampering with the prosecution evidence and in case the applicant is released on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 12.02.2021.
Per-contra learned A.G.A. vehemently opposed prayer for bail and submitted that there is criminal history of seven cases against the applicant. The evidences collected by the I.O. are in support of the prosecution case.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, without commenting on merits of the case and considering the rival submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
Let the applicant- Rajkumar, involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each 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 :- 31.5.2021 Asha