Supplementary affidavit has been filed by learned counsel for applicant which is taken on record.
Heard Sri Anand Pati Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in this case. Applicant is not named in the F.I.R. Applicant was arrested in Case Crime No.471 of 2020 and eight motorcycles were alleged to be recovered from the possession of applicant and other co-accused persons. After arrest applicant was roped in five other cases on same day, in which F.I.Rs. were lodged against unknown persons. It is further submitted that nothing has been recovered from the possession of the applicant and there was no independent public witness of the alleged recovery. Applicant has not committed any offence as alleged in the F.I.R. and the entire recovery shown by the police are false. The criminal history of the applicant has been explained in para 11 of the affidavit filed in support of the bail application. Co-accused Arvind Rathore alias Kejriwal has been granted bail by this Court vide order dated 3.2.2021 passed in Criminal Misc. Bail Application No.7781 of 2021, copy produced for perusal and is taken on record. The case of the applicant is at par with co-accused who has already been granted bail by this Court and as such the applicant is also entitled for bail on the ground of parity. It is further submitted that there is no chance of him fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is in jail since 06.10.2020 and if released on bail, will not misuse the liberty of bail.
Learned A.G.A. for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant- Shivam Pal @ Avnendra be released on bail in Case Crime No.467 of 2020, under Sections 379, 411 I.P.C., Police Station- Panki, District Kanpur Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i)The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 4.2.2021 Kpy