Allahabad High Court
Chand Babu vs State Of U.P. on 1 August, 2019
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- BAIL No. - 7395 of 2019
Applicant :- Chand Babu
Opposite Party :- State Of U.P.
Counsel for Applicant :- Pawan Kumar Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 02 of 2018, under Sections 41, 411, 419, 420, 467, 468 I.P.C, Police Station Khairighat, District Bahraich, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 04.01.2018. The aforesaid FIR was lodged and in the said incident it is alleged one vehicle was recovered from the applicant along with the charas amounting 1. k.g. 100gram and he further submitted that during the course of investigation the investigating agency failed to contact the owner of the vehicle and it was not found stolen. He further submitted that the applicant has been enlarged on bail in relation to the recovery of aforesaid charas, as Case No. 3 of 2018 under Section 8/22 N.D.P.S. Act, in Bail Application No. 7981 of 2018 vide order dated 21st December, 2018 appended with Annexure- 2, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Chand Babu be released on bail in Case Crime No. 02 of 2018, under Sections 41, 411, 419, 420, 467, 468 I.P.C, Police Station Khairighat, District Bahraich, on his/their furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 1.8.2019
Israr
