Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21645 of 2021 Applicant :- Ram Asrey Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Chitranshi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Ram Asrey Yadav, in Case Crime No. 57 of 2021, under Sections-411, 460, 120-B I.P.C. at Police Station-Sadar Bazar, District- Shahjahanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 06.02.2021; he was of no criminal antecedents till above alleged date of arrest and recovery; subsequently, three cases have been planted against him, whereas, no such recovery was there; there is no independent public witness of above recovery; Motor Cycle was said to be recovered while being in possession of three accused persons including the applicant, Brijesh Verma and Mohan Verma; Brijesh Verma and Mohan Verma, have been enlarged on bail by coordinate Benches of this Court, in Criminal Misc. Bail Application No. 22630 of 2021 and 17255 of 2021, respectively; First Information Report was got lodged against unknown miscreants; subsequent implication is there; 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 AGA has vehemently opposed bail.
Having heard learned counsel for both the parties, gone through the material placed on record, it is apparent that First Information Report was against unknown miscreants and co- accused have been enlarged on bail, considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Ram Asrey Yadav, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
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 :- 26.10.2021 Deepak/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.26 16:47:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad