Bail application allowed in a case involving robbery and cheque-related offenses. Applicant granted release on personal bond and two sureties due to absence of specific role assignment and simple injuries.
Applicant released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26837 of 2022
Applicant :- Sunil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Mohan Lal Pandey,Anand Prakash Pandey,Narendra Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Mohan Lal Pandey, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.
2.Supplementary affidavit filed today is taken on record.
3.The instant application has been filed seeking release of the applicant on bail in Case Crime No.156 of 2022, under Sections 394, 506, 411 IPC, Police Station Sarai Inayat, District Prayagraj/Allahabad.
4.The aforesaid case has been registered on the basis of an FIR dated 16.05.2022 lodged against the applicant and 2-3 unknown persons alleging that the applicant had made an offer to get the informant married to some girl. The informant came along with his relatives and the applicant took him for showing the girl. On the way, 2-3 other persons were present since before and the applicant and those persons attacked the informant and his family members and they robbed Rs. 50,000/-, a pair of silver anklets, gold locket and a mobile phone.
5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 19.05.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
6.The injury reports of the injured have been filed along with the supplementary affidavit, which show simple injuries suffered by three persons.
7.Per contra, the learned Additional Government Advocate has
opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.
8.Having considered the aforesaid facts and circumstances and keeping in view the fact that the allegations are levelled against 4-5 persons and no specific role has been assigned to the applicant and also keeping in view the fact that the injuries suffered by all the persons are simple in nature; that the applicant has no criminal history and that the applicant is languishing in jail since 19..05.2022, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.
9.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
10.Let the applicant Sunil Kumar be released on bail in Case Crime No.156 of 2022, under Sections 394, 506, 411 IPC, Police Station Sarai Inayat, District Prayagraj/Allahabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(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.
11.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 14.10.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.10.17 11:29:56 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail in the instant criminal prosecution.
If bail is granted, what conditions should be imposed to prevent tampering with evidence or influence of witnesses.
Sunil Kumar
Subhash Vidyarthi
Ashish Prasad
As recorded by the court registry
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