Sudhir Patel vs State Of U.P.
2019 Latest Caselaw 5720 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 75
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26934 of 2019
 

 
Applicant :- Sudhir Patel
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sumit Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishna Pratap Singh,J.

Applicant-Sudhir Patel seeks bail in Case Crime No.125 of 2019, under sections 3/25 Arms Act, Police Station-Pharenda, District-Maharajganj.

Heard Sri Sumit Kumar Srivastava, learned counsel for the applicant as well as Ms.Seema Shukla, 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 alleged recovery of one country made pistol and one live cartridge is false, fabricated and planted. In fact no such recovery has been effected 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 he has criminal history of two cases, in which he has been granted bail by another Co-ordinate Bench of this Hon'ble Court, copy of the bail orders have been produced before the Court during the arguments, which are kept on record. It has lastly been submitted that there are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 19.04.2019. In case he is enlarged on bail he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

Without expressing any opinion on the merits, let the applicant Sudhir Patel involved in aforesaid case crime 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 :- 8.7.2019

Pr/-