Bail application filed by Rajesh Kumar in a case under Sections 406, 409, 420 IPC. Court granted bail quashing prosecution arguments, noting co-accused were already released, and imposed standard conditions.
Release on bail with personal bond and two sureties, subject to conditions regarding witnesses, trial attendance, and no interference with evidence.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15743 of 2022
Applicant :- Rajesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Counter affidavit filed today is taken on record.
Heard Shri Anil Kumar Verma, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 1149 of 2019, under Sections 406, 409, 420 IPC, Police Station-Cantt., District Varanasi.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that F.I.R. was lodged against unknown persons. During investigation, the name of the applicant and other co-accused namely Bechan Ram and Rama Shankar Lal and others came into light. It is further submitted that co-accused, namely, Bechan Ram and Ramashankar Lal against whom the case of the prosecution is similar to the case against the applicant have already been released on bail by this Court vide orders dated 28.09.2020 and 01.12.2021 passed in Criminal Misc. Bail Application Nos.19265 of 2020 & 38596 of 2021. It is further submitted that there is no direct evidence with the prosecution to connect the applicant with the present crime. It is further submitted that the role of the applicant as per his service conditions is limited and was to the extent of verifying the voucher placed before him. Accordingly, the applicant is also entitled for bail. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 24.09.2021.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant that co-accused have already been released on bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the
learned counsel for the parties and keeping in mind that co-accused have already been released on bail by this Court and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant - Rajesh Kumar be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 24.5.2022 Sanjeet
Digitally signed by SANJEET KUMAR YADAV Date: 2022.05.24 17:17:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail considering that co-accused have already been granted bail and the nature of allegations involves Sections 406, 409, 420 IPC.
Rajesh Kumar
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
