Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36168 of 2021 Applicant :- Sunil Kumar Mishra @ Lallan Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Vilas Mishra,Hari Shankar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 150 of 2021, under Sections 457, 380, 411 I.P.C., P.S. Kulpahar, district-Mahoba, is seeking enlargement on bail during the trial.
The first information report was lodged by the complainant against unknown person about the theft of Rs. five lacs, gold and silver ornaments on 24.6.2021.
Learned counsel for the applicant submits that the applicant was not named in the FIR. He was arrested by the police 2.7.2021 from his house and shown false recovery from his possession. He next submits that the alleged recovery which has been shown recovered from the applicant's possession is totally fake and false. There is no public witness of the alleged recovery. No proper identification parade was conducted by the police to ascertain the real culprit. Further submission is that the offences are triable by the Magistrate. He lastly submits that the applicant is languishing in jail since 5.7.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that there is criminal history of one case against the applicant, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant submits that he has properly explained the criminal history in paragraph 2 to the supplementary affidavit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sunil Kumar Mishra @ Lallan involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
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 :- 27.10.2021 Faridul