Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33003 of 2021 Applicant :- Shrikant Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report was lodged against six named and 4-5 unknown persons and applicant is not named in first information report. It was stated that in first information report, the informant has claimed himself as an eye-witness but despite that applicant was not named and that after one week of incident he has submitted that an affidavit to the police, wherein he has added the name of applicant Shrikant Patel as well as of Mofat Patel, Om Prakash Patel, Sunil Patel, Sarju Patel and that no specific role has been assigned to applicant. No recovery of any incriminating article has been made from applicant. It was submitted that there is no reliable evidence against the applicant and that similarly placed co-accused Mofat Lal Patel, Chandrasen Patel, Sunil Patel, Om Prakash Dhiver have already been granted bail by co-ordinate Bench of this Court vide order dated 11.06.2020, 09.01.2020, 16.06.2020 and 06.08.2020, passed in Criminal Misc. Bail Application No. 10276 of 2020, 575 of 2020, 14431 of 2020, 17259 of 2020. Lastly, it was submitted that the applicant is languishing in jail since 16.07.2021, having no criminal history 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 persons have already been granted bail.
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 Shrikant Patel involved in Case Crime No. 0199 of 2019, under Sections 147, 148, 149, 302, 504, 506, 120-B and 34 of IPC, P.S. Barsathi, District Jaunpur, 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 :- 24.9.2021 A. Tripathi