Singlejudge bench allowed a bail application in a theft case, relying on an earlier order criticizing the Crime Branch's exaggerated recovery and noting the applicant's lack of prior criminal history.
Release on bail by furnishing a personal bond and two sureties subject to standard conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29618 of 2022
Applicant :- Shivpujan Vishwakarma @Chamcham Opposite Party :- State Of Uttar Pradesh Through Principal Secretary Home Counsel for Applicant :- Man Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Man Mohan Mishra, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 107 of 2019, under Sections 379, 411 IPC, Police Station Lohta, District Varanasi during pendency of the trial in the Court below.
3.The aforesaid case has been registered on the basis of a first information report lodged on 17.04.2019 against unknown persons alleging theft of a motorcycle. More than two years after lodging of the FIR on 14.07.2021 at 08:21 hours, a SubInspector of Crime Branch lodged an FIR against two accused persons namely (1) Shivpujan Vishwakarma @Chamcham (the applicant), and (2) Kaushal Dubey alleging that a recovery of four motorcycles, a rifle, a gun and some other articles was made on 13.07.2021 from the applicant. On the basis of the aforesaid recovery, the applicant has been implicated in numerous cases, the details whereof have been mentioned in paragraph-4 of the affidavit filed in support of the bail application.
4.The learned counsel for the applicant has submitted that while granting bail to the applicant by means of an order dated 28.04.2022 in Case Crime No. 399 of 2020, under Sections 457, 380, 411 IPC, Police Station Gopiganj, District Bhadohi, the learned Additional Sessions Judge, Court No.1, Bhadohi has made an observation that the Crime Branch had been constituted to prevent the commission of crimes and to help the frontline police but it appears that Crime Branch has been converted into a gang of robbers and it is giving effect to criminal activities. The order records that the Crime Branch has shown recovery of articles in its recovery memo dated 13.07.2021 regarding which articles, a letter dated 10.07.2021 had already been sent to the Chief Minister, Director General of
Police and Principal Secretary, Home. In the aforesaid bail order dated 28.04.2022, the learned Additional Sessions Judge had recorded that the applicants have no criminal history prior to the alleged recovery.
5.In the supplementary affidavit dated 25.07.2022, it has been stated that the applicant has not been implicated in Case Crime Nos. 13 of 2021, 59 of 2021 and 63 of 2021 at Police Station Saraimamrez, District Prayagraj. It is further stated that in Case Crime Nos. 92 of 2021 and 345 of 2020, Police Station Utraon, District Prayagraj and in Case Crime No. 116 of 2021, Police Station Mirzamurad, District Varanasi, the applicant has wrongly been named.
6.The applicant is languishing in jail since 14.08.2021.
7.The affidavit filed in support of the bail application contains an undertaking that the applicant will cooperate with the trial and will abide by the conditions of bail.
8.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.
9.Keeping in view the aforesaid facts and observations made by the learned Additional Sessions Judge in the order dated 28.04.2022 passed in Bail Application No. 331 of 2022, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.
10.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
11.Let the applicant Shivpujan Vishwakarma @Chamcham be released on bail in Case Crime No. 107 of 2019, under Sections 379, 411 IPC, Police Station Lohta, District Varanasi, 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.
12.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 :- 4.8.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.08.06 19:03:55 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the case under Sections 379, 411 IPC.
Shivpujan Vishwakarma @Chamcham
State Of Uttar Pradesh Through Principal Secretary Home
Subhash Vidyarthi
Ashish Prasad
As recorded by the court registry
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