Bail application filed by Sri Krishna under Arms Act allowed. Applicant released on furnishing personal bond of Rs. 3,00,000 and two sureties of same amount with conditions to not tamper with evidence and cooperate in trial.
Released on bail on personal bond of Rs. 3,00,000 and two sureties of same amount with specific conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23897 of 2019
Applicant :- Sri Krishna Opposite Party :- State Of U.P. Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Upendra Upadhyay, learned counsel for the applicant, Ms. Seema Shukla, learned Additional Government Advocate for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicant that alleged recovery of country made pistols, cartridges and other equipments is false, fabricated and planted. In fact, no such recovery was effected from the possession of the applicant. It is also submitted by the learned counsel for the applicant that as per prosecution version, incriminating articles were recovered from the house of co-accused Jugendra Singh. The applicant, who is the labourer, was working in the field of Jugendra Singh at the time of incident, has no concern with the alleged recovery. It is also submitted by the learned counsel for the applicant that there is no independent witness of the alleged recovery. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that criminal history of one case shown against the applicant has been properly explained in paragraph 4 of the affidavit filed in support of the bail application. The applicant is in jail since 06.04.2019 and in case, he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion
on the merits of the case, let the applicant Sri Krishna, involved in case crime No. 104 of 2019, under section 5/25 of Arms Act, police station Jalesar, district Etah, be released on bail on his furnishing a personal bond of Rs. 3,00,000/- (rupees three lac) and two sureties each of the same amount of his family members/relatives of the like amount to the satisfaction of the court concerned on the following conditions that:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.7.2019 Sazia
1 issue framed by the court
Whether the applicant is entitled to bail in the crime case under the Arms Act.
Sri Krishna
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
