The court allowed the bail application filed by Pyare Lal Prajapati, acquitted on the prima facie facts and gravity of offences being triable by Magistrate, subject to bond condic.
Released on bail with personal bond, two sureties, and undertaking to cooperate with trial and not molest witnesses.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42676 of 2019
Applicant :- Pyare Lal Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav 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.290 of 2019, under Sections 457, 380, 411 & 414 IPC, Police Station Muhammadabad Gohana, District Mau, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant is not named in the FIR, his name came into light during investigation. No incriminating article or material has been recovered either from the applicant or on his pointing out. Recovery which has been shown from the applicant is totally false and fake. There is no public witness of the alleged recovery. All the offences are triable by Magistrate. Applicant is in jail since 17.07.2019 and he has no criminal history. 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. Lastly, it is submitted that co-accused, namely, Pooja and Mohd. Mukhtar have already been granted bail by co-ordinate Benches of this Court in their respective bail applications.
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 articles of theft have been recovered from the possession of applicant and other co-accused persons.
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 and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Pyare Lal Prajapati 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 :- 11.11.2019 I.A.Siddiqui
1 issue framed by the court
Whether the facts disclosed warrant the grant of bail to the accused.
Pyare Lal Prajapati
State of U.P.
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
