Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21002 of 2021 Applicant :- Vikash Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Tripathi 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 applicant is not named in first information report and that no test identification parade has been conducted to fix the identity of applicant in alleged incident. The alleged recovery of pistol and Rs. 3520/- shown from applicant, is false and baseless and there is no independent witness of alleged recovery. There is no evidence that alleged recovered amount pertains to alleged robbery of incident. It was further submitted that applicant has no previous criminal history and after his apprehension in the instant case he was shown involved in several other cases on the basis of his confessional statement and that criminal history of applicant has duly been explained in the affidavit filed in support of bail application. It was submitted that the recovery shown from the applicant is thoroughly doubtful and that similarly placed co-accused Khalild and Mahboob have already been granted bail by co- ordinate Bench of this Court vide order dated 31.08.2021 and 28.01.2021, passed in Criminal Misc. Bail Application No. 22622 of 2021 and 3677 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 16.09.2020 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.
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 Vikash involved in Case Crime No. 226 of 2020, under Sections 394, 411 IPC, P.S. Adarsh Mandi Shamli, District Shamli, 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 :- 27.10.2021 A. Tripathi