Criminal miscellaneous bail application allowed. The High Court, without commenting on merits, found it a fit case for bail and ordered the applicant released on furnishing a personal bond and two sureties.
Release on bail on furnishing a personal bond and two sureties.
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Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48046 of 2022
Applicant :- Naveen Vishvakarma Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Srivastava,Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant- Naveen Vishvakarma for grant of bail, in case Crime No. 439 of 2022, under Section 394, 411 I.P.C., Police Station Barhalganj, District Gorakhpur, during trial.
It is submitted by the learned counsel for the applicant that the first information report was lodged against unknown persons on 13.9.2022 in respect of an incident said to have occurred on at 2:00 a.m. with the allegation that some unknown miscreants had looted Rs. 6200/-, Aadhar Card, Pan Card and Driving License etc. belonging to the complainant and he has received injuries. It is further submitted that the accused-applicant has falsely been implicated in the present case at the connivance of local police to harass and victimize him. It is also submitted that the accused-applicant was not named in the F.I.R. The applicant has been arrested from his home and recovery of Rs. 2000/- and on driving license have been falsely planted on him by the local police to show good work. There is no public witness to support the prosecution story. The applicant is languishing in jail since 14.9.2022 without having any previous criminal history and he deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant has actively participated in commissioning of offence. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the
applicant is released on bail, he will misuse the liberty of bail by pressurizing or intimidating the prosecution witnesses.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed
Let the applicant- Naveen Vishvakarma , involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 4.11.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.11.09 11:40:50 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the accused-applicant is a fit case for bail under Sections 394 and 411 IPC.
Whether the applicant deserves release on bail pending trial for the alleged theft and punishment.
Naveen Vishvakarma
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
