Bail application filed by Sunil Kumar Yadav in Case Crime No. 1150 of 2019 under Sections 406, 409, 420 IPC. Allowed with conditions not to tamper, influence witnesses, and appear in trial. Released on personal bond and sureties.
Applicant released on bail on personal bond and two sureties with standard bail conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16116 of 2022
Applicant :- Sunil Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Srivastava,Navin Kumar Giri
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Praveen Kumar Srivastava, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking grant of bail to the applicant in Case Crime No. 1150 of 2019, under Sections 406, 409, 420 IPC, Police Station Cantt., District Varanasi during the pendency of the trial in the Court below.
The learned counsel for the applicant has submitted that the applicant is not named in the FIR which was lodged against unknown persons. During investigation, the name of the applicant surfaced alongwith 7 other accused persons.
The learned counsel for the applicant has further submitted that the applicant was working on the post of Postal Assistant. It is categorically stated in the affidavit filed in support of bail application that prior to this incident, no other criminal case was pending against the applicant and after lodging of the FIR, the applicant has been falsely implicated in 13 other cases on similar allegations.
It has also been submitted by the learned counsel for the applicant that the applicant has already been enlarged on bail in 10 other similar cases. Co-accused Bechan Ram has already been granted bail by means of an order dated 31-08-2020 passed by this Court in Criminal Misc. Bail Application No. 24407 of 2020. The applicant is languishing in jail since 13-082020. The applicant claims to be innocent. It is stated that the Investigating Officer has already concluded investigation and submitted chargesheet on 01-08-2021 and the Magistrate has taken cognizance of the case, and therefore, there is no possibility that the applicant will tamper with the evidence.
Per contra, learned Additional Government Advocate has opposed the prayer for grant of bail.
Keeping in view the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be granted bail in the aforesaid case crime number.
In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
Let the applicant Sunil Kumar Yadav be released on bail in the Case Crime No. 1150 of 2019, under Sections 406, 409, 420 IPC on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 13.7.2022 Jaswant
Digitally signed by JASWANT KUMAR Date: 2022.07.13 18:36:18 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant in the pending trial for offences under Sections 406, 409, and 420 IPC.
Sunil Kumar Yadav
Subhash Vidyarthi
Jaswant Kumar
As recorded by the court registry
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