Arvind vs The State Of U.P.
2016 Latest Caselaw 6937 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38709 of 2016
 
Applicant :- Arvind
 
Opposite Party :- The State Of U.P.
 
Counsel for Applicant :- Ravi Shankar Tripathi,Adya Prasad Tewari
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Harsh Kumar, J.

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

Learned counsel for the applicant contended that the applicant is not named in first information report regarding loot of five mobile-phones and Rs. 20,000/- (twenty thousand) on 20.08.2016 and has falsely been implicated on the basis of recovery after his arrest on 29.08.2016, by the police party; in police party no injury encounter case wherein after arrest recovery of unauthorized fire-arms and cash of Rs. 1,200/- plus two mobile-phones is alleged to have been made from the applicant; that the recovery has been falsely planted of which, there is no independent witness; that the real fact is that applicant's uncle was candidate of election of Gram Pradhan against Brij Mohan and due to above reason on account of election rivalry village and Party Bandi, in connivance with the present Village Pradhan, the applicant has falsely been implicated in the present case; that applicant has no previous criminal history except that after arrest, he has been falsely implicated in this case as well as recovery of unauthorized fire arms; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 29.08.2016.

Learned A.G.A. opposed the prayer of bail.

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.

Let the applicant ? Arvind be released on bail in Case Crime No. 357 of 2016, under Sections 392 & 411 of I.P.C, Police Station ? Ushait, District ? Budaun, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate / Court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 09.11.2016

Vinod.