Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39364 of 2019 Applicant :- Vimlesh Kumar Vishwakarma Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.64 of 2019, under Section 5/25 Arms Act Act, Police Station Badausa, District Banda, applied for bail.
Learned counsel for the applicant submits that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that alleged recovery of country made pistols and other equipments from the possession of the applicant is false, fabricated and planted. He further submitted that the co-accused Ramcharan @ Lala has already been granted bail by this Court vide order dated 11.7.2019 in Criminal Misc. Bail Application No.27504 of 2019 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. Applicant is in jail since 24.4.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, bail order of co-accused and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Vimlesh Kumar Vishwakarma be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment.
Order Date :- 26.9.2019 Manoj