The court granted bail to the applicant in a criminal case involving offences under the IPC and Transplantation of Human Organs Act, subject to personal bond and sureties despite opposition from the State.
Applicant released on bail by executing personal bond and furnishing two sureties.
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Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27688 of 2019 Applicant :- Shippu Rai @ Nitesh Rai Opposite Party :- State Of U.P. Counsel for Applicant :- Saroj Kumar Dubey,Alok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 84 of 2019, under Sections 420, 467, 468, 471, 506, 120B, 34 I.P.C. and Sections 18,19 and 20 Transplantation of Human Organs Act, 1994, P.S. Barra, district-Kanpur Nagar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was not named in the first information report. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. No specific allegation has been made against the applicant. He next submitted that all the offences are triable by the Court of Magistrate. Further submission is that other co-accused namely, Gaurav Mishra, T. Raj Kumar Rai @ Raju Rao and Sailesh Soren have already been granted bail by another Bench of this Court vide orders dated 29.5.2019 and 14.5.2019 passed in Criminal Misc. Bail Application Nos. 22630 of 2019 and 20082 of 2019, copy whereof has been filed as Annexure-7 to the affidavit accompanying the bail application and hence the applicant, whose case stands on a better footing than that of the co-accused, Gaurav Mishra, T. Raj Kumar Rai @ Raju Rao and Sailesh Soren, is entitled to be enlarged on bail on merits as well as on parity.
He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in
jail since 15.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Shippu Rai @ Nitesh Rai be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 84 of 2019, under Sections 420, 467, 468, 471, 506, 120B, 34 I.P.C. and Sections 18,19 and 20 Transplantation of Human Organs Act, 1994, P.S. Barra, district-Kanpur Nagar subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 18.7.2019/Faridul
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of the trial.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22.Relied on¶6
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. · Who else cites this
2 provisions across 2 enactments
Shippu Rai @ Nitesh Rai
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
