Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23027 of 2019 Applicant :- Salman Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Salman has prayed to release him on bail in Case Crime No. 177 of 2019, u/s 395, 412 I.P.C., P.S. Bidhuna, District Auraiya.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, which was got lodged u/s 394 I.P.C. against unknown offender. Subsequently, the applicant was said to be apprehended in a case of police firing and he was implicated in the present case crime number on the basis of his confession made regarding present case crime number and a recovery of Rs. 90,000/- was planted against him, which was claimed by accused-applicant to be of his own. He has been enlarged on bail by the trial court itself in above case crime No. 200 of 2019, u/s 147, 148, 149, 307 I.P.C., P.S. Bidhuna, District Auraiya. He is of no criminal antecedent till above date of occurrence. He never made any such confession. There is no independent public witness of the alleged recovery. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application but could not oppose the aforesaid fact.
Having heard learned counsel for both sides and considered the material placed on record it is apparent that the accused- applicant was enlarged on bail in above Case Crime No. 200 of 2019 and his implication in the present case crime number is on the basis of his confessional statement made before the police. There is no specific identity of the recovered notes for establishing connectivity from this case crime number. There is no independent public witness of alleged recovery. The applicant was of no criminal antecedent prior to above date.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Salman, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 31.5.2019 NS