Order On : Criminal Misc. Exemption Application No. 1 of 2021 Exemption Application is allowed.
Order on : Criminal Misc. Bail Application No. 2430 of 2021 Learned counsel for the applicant is permitted to make necessary correction in the bail application.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Applicants have not committed the present offence. Recovery is false and planted and is not supported with independent evidence. Offences levelled in the present matter are not attracted. Till date police concerned has not connected this matter with any theft/robbery/dacoity. The applicant has no criminal history. They are languishing in jail since 09.11.2020 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the 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 applicants Satyendra Bind and Manoj Sharma involved in Case Crime No. 0835 of 2020, under Sections 41 Cr.P.C. and Sections 411, 413, 414, 420 I.P.C., P.S. Kotwali Orai, District Jalaun be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.1.2021 Sachdeva