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Raju @ Surendra vs State Of U P

High Court Of Judicature at Allahabad|24 December, 2021
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JUDGMENT / ORDER

Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50315 of 2021 Applicant :- Raju @ Surendra Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava 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 seeking enlargement on bail during trial in connection with Case Crime No. 582 of 2021 under Sections 457, 380, 411 I.P.C. registered at P.S.- Hashanpur, District- J.P. Nagar (Amroha).
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. He has not committed the alleged offence. One tamancha of 12 bore, three cartridge, two iron sambhal, 29 bechhiya, 32 moti, 2 pajab (payal) and 03 yellow chain artificial have been recovered from the possession of the applicant. The said recovery is false as there is no public/independent witness of the alleged recovery. Further submitted that the applicant is languishing in jail since 22.10.2021.
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 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, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Raju @ Surendra 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.
Order Date :- 24.12.2021 A. Mandhani
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Title

Raju @ Surendra vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
24 December, 2021
Judges
  • Anil Kumar Ojha
Advocates
  • Sandeep Kumar Srivastava