Arvind Gond @ Raka Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Arvind Gond @ Raka Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant on bail on furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the Court concerned, subject to the conditions that he appear on dates fixed by the trial court, not tamper with the prosecution evidence and not pressurize the prosecution witnesses.

Issue for consideration

Whether the applicant, Arvind Gond @ Raka, involved in Case Crime No. 196 of 2021 under Sections 379, 411 I.P.C. (Police Station Sevrahi, District Kushi Nagar), should be released on bail.

Court's answer

Without expressing any opinion on the merits of the case, the Court directed that the applicant be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the Court concerned.

Ratio / Principle

Bail condition: the applicant shall appear on the date fixed by the trial court.

Key takeaways

Bail condition: the applicant shall not tamper with the prosecution evidence.ratio¶9
Bail condition: the applicant shall not pressurize the prosecution witnesses.ratio¶10
In case of breach of any of the bail conditions, the prosecution shall be at liberty to move a bail cancellation application before this Court.ratio¶11

Detailed headnote1 paragraphs

Bail allowed. The High Court of Judicature at Allahabad (Vivek Varma, J.), by order dated 23.3.2022 in Criminal Misc. Bail Application No. 4696 of 2022, directed the release of applicant Arvind Gond @ Raka, involved in Case Crime No. 196 of 2021 under Sections 379, 411 I.P.C., Police Station Sevrahi, District Kushi Nagar, on his furnishing a personal bond and two local sureties each in the like amount, subject to conditions that he (i) appear on dates fixed by the trial court, (ii) not tamper with the prosecution evidence, and (iii) not pressurize the prosecution witnesses; on breach, the prosecution may move a bail cancellation application before this Court. Bail was granted without expressing any opinion on the merits, on submissions that the applicant was falsely implicated and not named in the first information report, that the recovery of 7 motorcycles and a country made pistol along with live cartridges was false with no independent witness to it, that co-accused Rahul Madheshiya had been granted bail in Criminal Misc. Bail Application No. 5140 of 2022 vide order dated 17.02.2022, that the applicant had no criminal history prior to this case, and that he was in jail since 21.08.2021; the learned A.G.A. opposed but could not satisfactorily dispute these submissions from the record.

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4696 of 2022 Applicant :- Arvind Gond @ Raka Opposite Party :- State of U.P. Counsel for Applicant :- Sachchida Nand Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant and learned A.G.A. for the Stateopposite party.

It is submitted that the applicant has been falsely implicated in the instant case. The applicant is not named in the first information report. False recovery of 7 motorcycles and a country made pistol along with live cartridges has been shown from the applicant. There is no independent witness to the alleged recovery. Co-accused Rahul Madheshiya has been granted bail by this Court in Criminal Misc. Bail Application No. 5140 of 2022 (Rahul Madheshiya v. State of U.P.) vide order dated 17.02.2022. Prior to the instant case, the applicant does not have any criminal history and after the present case, he has been implicated in other cases. The applicant is in jail since 21.08.2021 and if he is released on bail, he will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Perused the first information report as well as averments made in the application.

Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant- Arvind Gond @ Raka, involved in Case Crime No. 196 of 2021, under Sections 379, 411 I.P.C., Police Station Sevrahi, District Kushi Nagar be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

shall appear on the date fixed by the trial court;

shall not tamper with the prosecution evidence; and,

shall not pressurize the prosecution witnesses.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 23.3.2022 SKT/-

Digitally signed by SHIVA KANT TIWARI Date: 2022.03.23 18:28:19 IST Reason: Location: High Court of Judicature at Allahabad