Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17631 of 2019 Applicant :- Rishi Alias Patra Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Rishi Alias Patra, who is involved in Case Crime No. 10 of 2016, under Sections 395, 397, 427 I.P.C., P.S. Nasirpur, District Firozabad, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number, which was got registered under Sections 147, 148, 149, 394, 427, 438, 395, 397 I.P.C. upon report of informant Meera Devi, in which investigation concluded with offence under Sections 395, 397, 427 I.P.C.; rest of the accusation was not substantiated; co-accused Gajraj Singh and other co-accused have been enlarged on bail in this very case crime number in bail applications by orders attached with affidavit filed in support of the bail application; accusation against present accused-applicant is with same gravity; though first information report itself reveals that it was a counter blast of a case registered for offence of murder, hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that there has been a previous occurrence of murder in which family members of informant were accused and this was a subsequent occurrence, in which the accusation was not substantiated in investigation as was reported. Moreso, other co-accused persons have been enlarged on bail in this very case crime number by orders attached with affidavit filed in support of the bail application Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Rishi Alias Patra, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 26.4.2019 NS