Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31265 of 2021 Applicant :- Ravindra Rai Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Babu Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.348 of 2021, under Sections 272, 273, 420, 467, 468, 471 IPC & 60/63 Excise Act, Police Station Kotwali, District Lalitpur, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence.
(ii) No recovery has been made from the possession of applicant. The recovery shown by the police is false and fake. There is no public eye witness.
(iii) Applicant is in jail since 10.04.2021. Criminal history has been explained in paragraph no.18 of the affidavit filed along-with bail application.
(iv) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
(v) Co-accused, namely, Ghanshyam Rai has already been granted bail on 03.08.2021 by a co- ordinate Bench of this Court in Criminal Misc. Bail Application No.25162 of 2021 and the role of present applicant is similar to that of the other co- accused person, therefore, the applicant be released on bail on the ground of parity also.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, role of accused, severity of punishment in case of conviction, bail granted to co-accused and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Ravindra Rai be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to 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 or case.
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 :- 19.8.2021 I.A.Siddiqui