Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28555 of 2021 Applicant :- Virendra Adivasi Opposite Party :- State of U.P.
Counsel for Applicant :- Diwan Saifullah Khan,Abhishek Ankur Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The accused- applicant is involved in Case Crime No. 0031 of 2021, under Section 379, 411 IPC and 4/21 Mines and Minerals (Development and Regulation) Act, 1957 registered at Police Station Shankargarh, District Prayagaraj.
Learned counsel for the applicants have submitted that the applicant has been falsely implicated in the present case. It is contended by learned counsel for the applicant that the applicant has been falsely implicated with this case when he was arrested by the police on 05.02.2021, which was registered under Section 379, 411 IPC and Section 4/21 Mines and Minerals (Development and Regulation) Act, 1957. It is also submitted that one Hammer and one Belcha are said to be recovered from the possession of the applicant. The applicant is a labourer. It is also submitted that nothing incriminating article has been recovered from the possession of the applicant. The criminal history of the applicant has been explained in para- 11 of the affidavit filed in support of the bail application and the applicant is in jail since 06.02.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of 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. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant, Virendra Adivasi involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 13.8.2021 SK Srivastava