Allahabad High Court
Reshu Aarakh vs State Of U.P. on 1 August, 2019
Bench: Krishna Pratap Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30886 of 2019
Applicant :- Reshu Aarakh
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shweta Tripathi,Anil Kumar Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Anil Kumar Tripathi, learned counsel for the applicant as well as Sri J.P. Gupta, learned AGA for the State and perused the material placed on record
It is argued by the learned counsel for the applicant that applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that neither the applicant was apprehended on the spot, nor any incriminating articles were recovered from the possession of the applicant. It is next submitted that there is no independent witness of the alleged recovery and the applicant has no concern with the alleged recovery. It is next submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that co-accused, namely Rakesh Vishwakarma, who was apprehended on the spot has already been granted bail by the another Co-ordinate Bench of this Court vide order dated 19.06.2019 in Crl. Misc. Bail Application No.24581 of 2019. The criminal history of the applicant has properly been explained in para No.17 of the affidavit accompanying bail application. The applicant is languishing in jail since 26.05.2019. In case he is 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 fact as argued by learned counsel for the applicant and admitted that the case of the present applicant is identical to the case of co-accused-Rakesh Vishwakarma, who has been enlarged on bail. It is further submitted that 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.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case let the applicant Reshu Aarakh involved in Case Crime No.242 of 2019, under Section 5/25 Arms Act, Police Station-Kotwali Nagar, District-Banda be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 1.8.2019
Pr/-
