Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47893 of 2021 Applicant :- Ratnashekhar @ Ashu Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Misra,Ankit Kumar Rai,Sr. Advocate 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 Ratnashekhar @ Ashu seeking enlargement on bail during trial in connection with Case Crime No. 79 of 2021, under Sections 420, 467, 468, 471, 120-B I.P.C. registered at P.S.- Chauk, District-Varanasi.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. There is no evidence against the applicant. The applicant has been arrested only on the ground of suspicion. Applicant is not named in the FIR. Applicant has no concern or connection with the alleged media post. Applicant has neither posted any social media post nor given any such advertisement in any forum. Applicant cannot be held liable for any media post or advertisement given by other person. There is no evidence of forgery against the applicant. Offences under Sections 420, 467, 468, 471, 120-B I.P.C. are not made out against the applicant. There are no criminal antecedents of the applicant. Further submitted that the applicant is languishing in jail since 26.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid facts as raised by learned counsel for the applicant.
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 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, particularly the fact that applicant has neither posted any impugned media post nor has given any such advertisement at any forum, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Ratnashekhar @ Ashu 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 :- 23.12.2021 v.k.updh.