Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17929 of 2019 Applicant :- Rakesh Bavariya @ Rajesh @ Babli Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Srivastava,Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against 5-6 unknown persons alleging that on 5.10.2017 in the house of the complainant at 8-00 p.m. night they looted Rs.80 lac, one kg. silver and 250 gms gold and they have also assaulted Shila Devi and Devendra Singh. Shila Devi died. Subsequently, four persons were arrested in Police encounter case, namely Jai Prakash @ J.P. @ Pintu, Kailash Dhobi, Govind and Charan Singh. Some country made pistols and other materials were recovered and they have stated in their confessional statements before the Police that Rakesh Bavariya, Rajesh Kushwaha, Abid, Ramawatar Kumhar, Ramvir, Gayaram Bavariya, Lalla Bavariya, Sunil and Kalicharan were also indulged in this incident.
Learned counsel for the applicant submitted that the applicant is languishing in jail sine 25.8.2018 (more than eight months months); criminal history of six cases have been explained and the applicant is on bail; the applicant is innocent and has been falsely implicated in the present case; he is not named in the F.I.R.; the name of the applicant was disclosed in the confessional statement of co-accused-Jai Prakash @ J.P. and Kailash Dhobi before the Police personnel; there is no legal evidence against the applicant; no recovery was made on the pointing out of the applicant or from possession of the applicant; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Rakesh Bavariya @ Rajesh @ Babli involved in Case Crime No. 513 of 2017, under Section 396, 412 IPC, Police Station-Jasrana, District-Firozabad be released on bail on furnishing a personal bond and two 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.
4. 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.
5. 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.4.2019 A. Singh