Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16625 of 2019 Applicant :- Rakesh Rai @ Rakesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Manoj Kumar Tiwari, learned counsel for the applicant, Mr. G.P. Gupta, learned Additional Government Advocate for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicant that the alleged recovery of one 9 MM pistol and one live cartridge has been shown from the possession of the applicant, which is false, fabricated and planted. In fact, no such recovery was effected from the possession of the applicant. The applicant has no concern with the alleged recovery. It is also submitted by the learned counsel for the applicant that there is no independent witness of the alleged recovery. It is next submitted by the learned counsel for the applicant that for the main offence, the applicant has already been granted bail in Case Crime No. 809 of 2018, under section 307 IPC, PS Khorabar, district Gorakhpur by the court below in Bail Application No. 4842 of 2018 vide order dated 09.01.2019. It is lastly contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the criminal history of the applicant has been properly explained in paragraph 9 of the affidavit. The applicant is in jail since 27.09.2018 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant Rakesh Rai alias Rakesh Yadav, involved in case crime No. 810 of 2018, under section 7/25 of Arms Act, police station Khorabar, district Gorakhpur, be released on bail on his furnishing a personal bond of Rs. 2,00,000/- (rupees two lac) and two local sureties each of the like amount to the satisfaction of the court concerned on the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.7.2019 Sazia