Birju Alias Brijbhan vs State Of U.P.
2016 Latest Caselaw 4307 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22002 of 2016
 

 
Applicant :- Birju Alias Brijbhan
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kailash Prakash Pandey
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.

As per prosecution story, on 08.05.2016 at about 02:00 p.m complainant was going to his house from his shop and when reached near Srikrishna Janaki Mahaviddyalaya, Mangalpur, 200 meter away from the main road, the accused and other co-accuseds stopped him and asked for lift and on being stopped they tried to rob the complainant and when alarm was raised then all the accused persons leaving the complainant hid themselves in mango trees and after the villagers came on the spot, all the accused were searched out and were taken into custody.

It is submitted by learned counsel that some disputes took place due to mangoes orchard where the accused persons were plucking the mango and there an scuffle took place on which they were taken into custody and F.I.R has been lodged. It is also submitted that nothing was looted and they have been falsely implicated in the present case.

The whole story of the F.I.R seems to be shaky and if accused-applicant could not succeed in looting the complainant, they ought to have fled away from place and in normal circumstances they are not supposed hid themselves in a mango orchard.

It is next contended that the applicant is in jail since 08.05.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A for the State has opposed the prayer for bail but could not dispute the aforesaid facts.

Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.

Let the applicant ? Birju alias Brijbhan involved in Case Crime No. 229 of 2016, under Section 393 of I.P.C, Police Station ? Mangalpur, District ? RamaBai Nagar ? (Kanpur Dehat), be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 18.07.2016.

Vinod.