Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39947 of 2020 Applicant :- Tarun Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ali Hasan,Apul Misra,Istiyaq Ali,Raghuvansh Misra,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Tarun Kumar in connection with Case Crime No.210 of 2019, under Section 420 I.P.C., Police Station Qila, district Bareilly.
The first information report of this incident was lodged by the complainant against unknown person. It was alleged in the first information report that when the complainant was coming from Patiyali after purchase of the medicines for his mother, he went to withdraw money at 3.45 p.m. from ATM booth of State Bank of India, City Station, Bareilly and tried to withdraw the money but could not succeed, then, two unknown persons came there and assured him to help in the process of withdrawing the money from the ATM. Later on, they gave the complainant another ATM Card and went away with the complainant's ATM card and when the complainant realised the trick played by the accused persons, he chased them and snatched his ATM card from them and reported the matter to the police by dialing 100 number. The name of the applicant and other co-accused persons surfaced during investigation.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report. He submitted that the name of the applicant surfaced during investigation. He submitted that no proper identification parade was conducted to ascertain the real culprits. He submitted that previous criminal history of the applicant has satisfactorily been explained in paragraph nos.11 and 12 of the paper book. He submitted that the applicant is languishing in jail since 06.09.2020, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission 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, 2, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Tarun Kumar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
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 :- 26.10.2021 R./ Digitally signed by Justice Ajit Singh Date: 2015.04.02 03:14:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad