Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52471 of 2019 Applicant :- Ravi Prakash Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant as well as Sri Krishna Gopal, learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 0778 of 2019, under Sections 419, 420, 467, 468, 471, 474, 465, 120-B I.P.C., Police Station-Cantt. District Gorakhpur.
Learned counsel for the applicant submitted that the applicant is not named in the FIR. According to him, the proprietor of Ravi Arms Corporation Town Hall Gorakhpur is the father of the applicant and he has no concern with the affairs of the said Arms shop.
It is further submitted that the applicant is a established businessman and he is running a stationary shop in the name and style of M/s Surya Stationers and Sports, Shyam Plaza Baxipur, Gorakhpur. It is also submitted that the applicant is wholly innocent and has been falsely implicated in the present case. It is lastly submitted that the applicant has no criminal history and in case he is released on bail, he will not misuse the liberty of bail. The applicant is languishing in jail since 29.08.2019.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant-Ravi Prakash Pandey, involved in the above mentioned case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case crime number with the following conditions:-
(i) The applicant will not temple with the 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.
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 :- 27.11.2019 Lbm/-