Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the applicant- Ramu Lohar for grant of bail, in Case Crime No. 311 of 2020, under Sections 5/25, Arms Act, P.S.Pisawan, District Sitapur, during trial.
Learned counsel for applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that as per the averments stated in the F.I.R. the police party was having prior information of the presence of the applicant where from he was arrested, however admittedly no effort has been made by the police party to procure independent public witnesses and, therefore, the alleged recovery of incriminating article and fire arms from the possession of the applicant could not be believed in absence of independent public witness.
It is also submitted that the alleged offence against the applicant is triable by the Magistrate. The applicant is in jail in this matter since 6.9.2020 and charge sheet in the matter has already been submitted and there is no apprehension that after being released on bail he will flee from the course of law or may otherwise misuse the liberty.
It is also submitted that four criminal cases are being alleged as the criminal history of the applicant, however one of the criminal case is pertaining to the year 2016 while two criminal cases are pertaining to the year 2018 and another criminal case i.e. case crime no.310 of 2020, under Section 25 (1-B) of Arms Act has been slapped against the applicant on the basis of arrest in the instant case, however in all the above cases shown as the criminal history of the applicant the applicant has been released on bail by the competent criminal courts.
Learned A.G.A. however, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not controvert the other factual submissions made by the learned counsel for the applicant.
Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance in the submissions of learned counsel for applicant only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant - Ramu Lohar involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.2.2021 Irfan