Heard Sri Kailash Nath Singh, learned Counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in this case. Applicant was not named in the First Information Report. Nothing has been recovered from possession of applicant and there was no independent public witness of the alleged recovery. The recovery of one motorcycle was alleged to be recovered from the possession of co-accused Vipin Singh @ Monu Singh, who has already been granted bail by a Co-ordinate Bench of this Court vide order dated 22.9.2020 passed in Criminal Misc. Bail Application No.23210 of 2020. Copy of bail order has been annexed as Annexure-5 to the affidavit filed in support of the bail application. The applicant has not committed any offence as alleged in the F.I.R and it is a case of false implication. Criminal history has been explained in Paragraph nos.5 & 6 of the supplementary affidavit filed in support of the bail application. The role assigned to applicant is identical to the role assigned to the other co-accused who had already granted bail and as such, the applicant is also entitled for bail on the ground of parity. There is no possibility of appellant of fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that the applicant is in jail since 31.8.2020 and if released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail.
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-Tapan Dutt Mishra be released on bail in Case Crime No.64 of 2020 under Section 394 I.P.C., registered at P.S. Suriyawan, District Bhadohi, 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 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 :- 17.2.2021 S. Singh