Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34486 of 2021 Applicant :- Sarju Rao @ Patil Opposite Party :- State of U.P.
Counsel for Applicant :- Digvijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case during investigation. Alleged recovery of 146 gram white metal and 39.1 gram yalow metal (jewellery) is false and baseless. There is no independent witness of alleged recovery. It was also submitted that similarly placed co-accused Ashish Soni @ Bholu Soni has already been enlarged on bail by coordinate Bench of this Court, copy of which has been produced and the same is taken on record. Criminal history of two cases has been shown against applicant but the same has duly been explained in the affidavit. It was submitted that the case is triable by the court of Magistrate and that the applicant is languishing in jail since 08.07.2021 and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Ashish Soni @ Bholu Soni has already been enlarged on bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Sarju Rao @ Patil involved in Case Crime No.467 of 2021, under Sections 380, 457, 411 IPC, P.S. Kotwali Orai, District Jalaun, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 Neeraj