Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18028 of 2019 Applicant :- Ram Lakhan And 3 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
By means of this application, the applicants Ram Lakhan, Manoj, Dharmendra Kumar Yadav and Dheeraj, who are involved in Case Crime No. 20 of 2019, under Sections 380, 411 I.P.C., P.S. G.R.P., District Etawah, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number and upon apprehension of them several cases were planted on one and same day; prior to above arrest, there had been no criminal antecedents of the applicants; each case, FIR of which was against unknown person, were planted against accused-applicant on the basis of alleged fabricated recovery memo, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
First Information Report reveals that this case crime number under Section 380 I.P.C. was got registered against unknown miscreants and there was no specific mark of identification of alleged theft articles. The accused-applicants were apprehended in another case and on the basis of confession made by them, implication in present case crime number is there. There is no independent public witness account of alleged recovery and prior to above date of arrest, there was no criminal history of the applicants.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicants Ram Lakhan, Manoj, Dharmendra Kumar Yadav and Dheeraj be released on bail in the above mentioned Case Crime number on their each furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 30.4.2019 Pcl