Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13186 of 2021 Applicant :- Rinku Opposite Party :- State of U.P.
Counsel for Applicant :- Hardev Prajapati Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hardev Prajapati, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.13 of 2021 under sections 3/5/25 Arms Act, Police Station Amapur, District Kasganj, during the pendency of trial.
The contention of the learned counsel for the applicant is that false recovery of a country made pistol of 315 bore is stated to have been made from the accused-applicant. The co-accused Sarvesh has been granted bail by Coordinate Bench of this Court vide order dated 24.3.2021 passed in Crl. Misc. Bail Application No. 13901 of 2021, copy of the same has been provided which is taken on record, therefore, parity is claimed. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 15.1.2021. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment, there are no chances of accused fleeing from justice and period of detention in jail, and the case of the present applicant is at par with the case of the co- accused,without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Rinku involved in aforesaid case crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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 :- 6.4.2021 AU