Criminal Misc. Bail Application decided on merits. The High Court, though not commenting on the merits, allowed the bail application of the accused, granting release with conditions regarding non-tampering and cooperation.
Release of applicant Salman Banjara on bail after furnishing a personal bond and two reliable sureties.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41150 of 2019
Applicant :- Salman Banjara Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
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.108 of 2019, under Sections 395, 412, 420, 467 and 468 IPC, Police Station Talgram, District Kannauj, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case by the police on the basis of previous cases to show good work. Nothing has been recovered from the possession of the applicant and he is not named in the FIR, his name came into light during investigation on the basis of statement of coaccused Afzal. No identification parade was done by the concerned police. No evidence to connect the applicant with the present case. Applicant is in jail since 11.07.2019. It is further submitted that there is no possibility of the applicant's 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 and submitted that applicant name came into light during investigation on the statement of co-accused Afzal. He and other co-accused has looted the Alto Car along-with papers as well as mobile phones and the money has been distributed to each others with their respective shares.
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, statement of co-accused Afzal and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Salman Banjara 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:-
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.
Order Date :- 5.11.2019 I.A.Siddiqui
1 issue framed by the court
Whether bail should be granted to the accused applicant in the present case.
Salman Banjara
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
