Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45893 of 2021 Applicant :- Randhir @ Biradar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ran Vijay Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 290 of 2013 under Section 3/7/25 of Arms Act, registered at P.S.- Manduadih, District-Varanasi.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. After recording of statement of informant and witnesses, I.O. has submitted charge-sheet against the applicant. Applicant has explained criminal history in paragraph 10 of the Affidavit filed in support of Bail Application. Applicant denied the recovery of alleged factory made pistol. There is no independent witness of the alleged recovery. Further submitted that the applicant is languishing in jail since 11.08.2013.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, detention period of the applicant, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Randhir @ Biradar Yadav involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 21.12.2021 A. Mandhani