Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16624 of 2021 Applicant :- Saroj Pathak @ Kaju Opposite Party :- State of U.P.
Counsel for Applicant :- Maya Pati Pandey,Adarsh Kumar Shukla,Krishna Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Saroj Pathak @ Kaju, in connection with Case Crime No. 147 of 2020, under Sections 380, 457, 411, 419, 420, 467, 468 IPC, Police Station - Bhawaniganj, District - Siddharth Nagar.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
It is submitted on behalf of the applicant that he has been falsely implicated. It is pointed out that in connection with the present crime registered against the applicant, a bogus recovery of one country-made pistol, a live cartridge and Rs. 2,02,700/- has been shown to have been made on 08.11.2020. It is urged that on the basis of this recovery, the applicant has been involved in four criminal cases, to wit, Case Crime Nos. 193 of 2020, 243 of 2020, 148 of 2020 and 85 of 2020. It is urged that prior to the aforesaid implication, the applicant never had a criminal history and is a respectable man. Nothing incriminating has been recovered from the applicant's possession, which the police have shown to be so in the recovery memo. It is also urged that the police took away the applicant's Pulsar motorcycle bearing registration no. UP 43 AQ 2617 from his house and seized it on the basis of a mala fide allegation that its number plate has been changed by the applicant. It is also argued that the applicant has been involved in the present crime and booked in three other cases, in order to do a workout of unsolved cases of theft lying with the Police Station. The applicant is in jail since 08.11.2020, and, in the present day, when there is proliferation of Covid-19 pandemic, there is no justification to detain the applicant pending trial, imperiling his life.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the recovery is prima facie doubtful, the fact that the applicant on the basis of a sole recovery has been further implicated in four other cases, which is prima facie suggestive of false implication, the fact that the applicant had no criminal history prior to comtemporaneous implication in four cases, the fact that the detention pending trial in offence of the present kind during the present CoViD-19 pandemic is not at all desirable, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Saroj Pathak @ Kaju, involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, which shall be self attested by the counsel of the party concerned.
(vii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the condition(s) enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 10.5.2021 Anoop