Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51948 of 2019 Applicant :- Ramnagina Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit dated 19.11.2019 filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Ramnagina, who is involved in Case Crime No. 174 of 2019, under sections 379 and 411 IPC, police station Shyamdeurawa, district Maharajganj, is seeking enlargement on bail during the trial.
Submission of learned counsel for the applicant is that on 03.08.2019 first information report regarding theft of motor cycle No. U.P. 53, BF 7371 was lodged against unknown persons. Thereafter, during investigation, on 04.08.2019, police apprehended three persons, namely, Baliram Gupta, Amit Prasad alias Satyanand and Ramnagina Gupta (present applicant) and one motor cycle each from the possession of aforesaid persons were recovered and from their joint possession, two another motor cycles have been recovered. On the basis of said recovery, the applicant has been falsely implicated and a separate first information report was registered as Case Crime No. 175 of 2019, in which the applicant has already been enlarged on bail by this Court in Criminal Misc. Bail Application No. 51561 of 2019 vide order dated 22.11.2019. It is further submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive on the basis of same recovery. It is also submitted by learned counsel for the applicant that in the present case, co- accused, namely, Amit Prasad alias Satyanand has been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 48603 of 2019 vide order dated 14.11.2019, therefore, on the ground of parity, the applicant is also entitled to be released on bail. It is also submitted that the applicant is facing detention since 04.08.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
The prayer for bail has vehemently been opposed by learned Additional Government Advocate. However, he does not dispute the fact that the similarly placed aforesaid co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned Additional Government Advocate and the fact that identically placed co-accused Amit Prasad alias Satyanand has already been enlarged on bail by co-ordinate Bench of this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Ramnagina, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
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 :- 26.11.2019 Sazia