Rajkumar @ Buddharaj Kewat vs State Of U.P.
2019 Latest Caselaw 3485 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17332 of 2019
 

 
Applicant :- Rajkumar @ Buddharaj Kewat
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Keshari Nandan Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajit Singh,J.

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

By means of this application, the applicant who is involved in Case Crime No. 25 of 2019, under Sections 392, 411, 120B, 419, 420, 467, 468, 471, 328, 342, 504 and 506 I.P.C., P.S. Maudaha, district-Hamirpur, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the applicant is not named in the first information report. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. It is also submitted that the recovery which has been shown by the police the same was planted by the police on the instructions of persons having ulterior motive. There is no eye witness of the alleged recovery. He further submitted that all the offences with which the accused has been implicated are triable by the court of Magistrate. He also submitted that other co-accused Avanis @ Billu has already been granted bail by this Court vide order dated 5.4.2019 passed in Criminal Misc. Bail Application no. 14266 of 2019. He lastly submitted that the applicant, who is in jail since 9.2.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Rajkumar @ Buddharaj Kewat be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 25 of 2019, under Sections 392, 411, 120B, 419, 420, 467, 468, 471, 328, 342, 504 and 506 I.P.C., P.S. Maudaha, district-Hamirpur subject to the following conditions:-

(a) The applicant shall attend the court according to the conditions of the bond executed by him.

(b) The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

Order Date :- 25.4.2019

Faridul