Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23088 of 2019 Applicant :- Ram Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Prakash Singh, ,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Ram Pratap Singh, who is involved in Case Crime No. 12 of 2019, under Section 409 I.P.C., P.S. Itwa, District Siddarth Nagar, is seeking enlargement on bail.
Learned counsel for applicant argued that applicant is innocent; he has been falsely implicated in this very case crime number. As per F.I.R. on 02.02.2019 at 5.30 P.M. co-accused Anil Prakash Pandey being in-charge of Police Station Siddarth Nagar, had made a departure in Government Jeep with A.K. 47 rifle along with 20 rounds live cartridges and after return at police station above arms and ammunition were got deposited in Maalkhana through Constable Vimal Kishor Mishra, but alleged A.K. 47 rifle along with cartridges had gone missing, hence a report was got lodged against those police personnel and name of the applicant was mentioned in the F.I.R., whereas accused-applicant was of no concern with the aforesaid A.K. 47 rifle and cartridges nor it was issued in his name. G.D. entry of police station made by S.O. filed on record is of this fact that the same was deposited at Maalkhana of police station concerned and it was misappropriated from Maalkhana concerned, for which accused-applicant is of no concern because he was not the in-charge of above Malkhana, it was Head Constable Brijendra Kumar Yadav, who was Malkhana in- charge on above date, as was admitted by him in his statement filed at page no. 82 of the bail application. The above A.K. 47 rifle and cartridges were neither issued to the accused-applicant nor he was in possession of the same nor they were recovered from him nor he was in-charge of the concerned police station or the Malkhana on above date, whereas co-accused Anil Praksh Pandey was officer in-charge of the police station, co- accused Brijendra Kumar Yadav was in-charge of the Malkhana and the above rifle and cartridges were issued to co-accused Vipin Kumar Bhatt and co-accused Anil Prakash Pandey, Vimal Kishor Mishra and Vipin Kumar Bhatt have been enlarged on bail by this court vide orders dated 24.4.2019, 3.5.2019 and 28.5.2019 passed in Criminal Misc. Bail Application Nos. 17179 of 2019, 18886 of 2019 and 22228 of 2019, respectively. There is no likelihood of his fleeing from course of justice or tempering with evidence in case of release on bail. He is languishing in jail since 05.02.2019 and is of no criminal antecedents, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail, but could not dispute the fact of grant of bail to co-accused, as above.
G.D. entry was of deposit of above rifle with cartridges at above Maalkhana of police station concerned and it was misappropriated from Maalkhana; whereas accused-applicant was not in-charge of above Maalkhana. Co-accused Anil Prakash Pandey has confessed for having the rifle with him, whereas co-accused Vipin Kumar Bhatt has confessed for having 10 cartridges with him. They have been enlarged on bail. Co-accused Vimal Kishor Mishra has also been enlarged on bail.
Considering all above facts, 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 applicant Ram Pratap Singh, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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.
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 :- 31.5.2019 Pcl