Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39092 of 2021 Applicant :- Shani Chaudhary Opposite Party :- State of U.P.
Counsel for Applicant :- Sudhakar Shukla,Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.219 of 2021, under Sections 419, 420, 468, 471, 411 IPC, Police Station Ramgarh Tal, district Gorakhpur.
The first information report of this incident was lodged by Sub Inspector, Sri Akashya Kumar Mishra against the applicant and co-accused Bhanu Pratap Singh and it was mentioned in the FIR that on 11.06.2021 the informant along with his associates were busy on their duties at Amar Ujala Chauraha then police informer came and informed that two persons who has stolen the motor cycle are coming to talk with one customer and on this information they reached on the spot and waited the said person and after some time the accuseds with motor cycle came there and after seeing the police team, they tried to fled away after turning his motor cycle. Later on the police team arrested two persons including applicant and recovered Rs.80/- cash from the possession of the applicant and also recovered one motorcycle Hero Deluxe which was driven by co-accused Bhanu Pratap and thereafter on their pointing out, three motorcycles were recovered from open place.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant has further submitted that the accused was arrested on the information of the police informant alongwith other co-accused. Later on four motorcycles were allegedly shown to have been recovered from the applicant and other co- accused. It is further submitted that the offence is triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 12.06.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant as well learned A.G.A. have opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties and period of detention in jail, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Shani Chaudhary involved in the aforesaid crime be released on bail on executing a 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 AU