Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23074 of 2019 Applicant :- Sri Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Sri Pal, who is involved in Case Crime No. 99 of 2019, under Sections 395 & 412 I.P.C., P.S. Chakeri, District Kanpur Nagar, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent; he has been falsely implicated in this very case crime number; accused-applicant was taken from his home and this recovery was planted by police; there is no independent public witness of alleged recovery; case was initially registered under Section 379 I.P.C.; subsequently it was converted under Sections 395, 412 I.P.C.; accused-applicant is of no criminal antecedents. Co-accused Manoj with same accusation has been enlarged on bail by this court vide order dated 29.4.2019 passed in Criminal Misc. Bail Application No. 17785 of 2019. Hence bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
First Information Report reveals that it was an offence of theft registered against unknown persons. Subsequently, in an occurrence illicit arms along with some incriminating articles were shown to be recovered from four other accused persons and present accused-applicant, who confessed his guilt of present dacoity and recovery was confessed to be of above occurrence of dacoity, whereas there is no independent public eyewitness of above recovery.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Sri Pal, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 31.5.2019 Pcl