Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16703 of 2021 Applicant :- Ram Nath Opposite Party :- State of U.P.
Counsel for Applicant :- Rajrshi Gupta,Dileep Kumar(Senior Adv.),Shiv Ram Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Ram Nath in connection with Case Crime No.271 of 2020, under Sections 419, 420, 467, 468, 471, 120-B, IPC, Police Station Kotwali, District Jaunpur.
Heard Mr. Dileep Kumar, learned Senior Counsel for the applicant assisted by Mr. Rajrshi Gupta, and Mr. S.S. Tiwari, learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Senior Counsel for the applicant is that his name has surfaced in the present crime on the basis of statement of co-accused Anand, made in another crime, that is to say, Crime No.385 of 2020, under Sections 419, 420, 467, 468, 471 and 474 IPC, Police Station Kotwali Nagar, District Gonda, without there being any evidence aliunde to indicate his complicity. It is argued that in the present crime, the applicant has been implicated with the aid of Section 120B IPC, the main allegations being against co-accused Lalita. It is urged that co- accused Lalita has been granted anticipatory bail by this Court vide order dated 03.12.2020 passed in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C., No.8620 of 2020. It is also submitted that investigation has been completed and a charge-sheet has been filed in the matter and, therefore, there are no prospects of the applicant tampering with the prosecution evidence or suborning witnesses. It is submitted that the applicant is entitled to bail, amongst others on the plea of parity with Lalita, who is the main accused and admitted to anticipatory bail by this Court. The applicant is said to be in jail since 07.01.2021.
Learned A.G.A. has opposed the plea for bail and submits that the applicant has a criminal history of three cases against him.
Learned Senior Counsel for the applicant has pointed out that the criminal history has been explained in paragraph No.19 of the affidavit, which appears to be fundamentally related to the same kind of allegations relating to the same establishment. In all those cases, the applicant has been admitted to bail, as pointed out by the learned Senior Counsel for the applicant.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the evidence against the applicant is based on the statement of a co-accused, the fact that the applicant has been charge-sheeted with the aid of Section 120B alone, the fact that the main accused Lalita has been admitted to the benefit of anticipatory bail by this Court, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Ram Nath, in connection with Case Crime No.271 of 2020, under Sections 419, 420, 467, 468, 471, 120-B, IPC, Police Station Kotwali, District Jaunpur be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 11.5.2021 NSC