Ajay Varma @ Kali Prasad vs State Of U.P.
2019 Latest Caselaw 5736 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26900 of 2019
 

 
Applicant :- Ajay Varma @ Kali Prasad
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Virendra Kumar,Shiva Shanker Yadav
 
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. 59 of 2019, under Sections 419, 420, 467, 468, 471, 498A, 489B, 489C, 489D, 489E and 34 I.P.C., P.S. Georgetown, district-Prayagraj, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that the applicant had opened a photostat shop, which was given on rent to one Deepak Kumar Srivastava and the alleged illegal work has been done by him. and the applicant has no concern with the alleged crime. Initially another co-accused Amrendra Kumar Patel was arrested by the police with counterfeit currency notes and he in his statement given before the police has disclosed the name of the present applicant and Deepak Kumar Srivastava. Alleged recovery which has been shown was made from joint possession of the applicant and the other co-accused Deepak Kumar Srivastava. There is no independent or public witness of the alleged recovery. Further submission is that the applicant is the only person to look after his family.

He lastly submitted that the applicant has no criminal history. He is languishing in jail since 31.1.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in 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, Ajay Varma @ Kali Prasad 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. 59 of 2019, under Sections 419, 420, 467, 468, 471, 498A, 489B, 489C, 489D, 489E and 34 I.P.C., P.S. Georgetown, district-Prayagraj subject to the following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

Order Date :- 8.7.2019

Faridul