Vishnu Modanwal And Another vs State Of U.P.
2019 Latest Caselaw 4305 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 79
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19563 of 2019
 

 
Applicant :- Vishnu Modanwal And Another
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Muktesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ram Krishna Gautam,J.

By means of this application the applicants Vishnu Modanwal and Ram Ratan Kushwaha @ Sagar Lachari have prayed to release them on bail in Case Crime No. 70 of 2019, u/s 420, 468, 469, 471 I.P.C. and Section 63 of Copyright Act, P.S. Manikpur, District Chitrakoot.

Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.

Learned counsel for the applicants has argued that the applicants are innocent and they have been falsely implicated in this very case crime number whereas recovery was from the house of Raju Jaiswal and accused applicants are of no concern with above recovery. It was alleged recovery of bluetooth, power bank etc. of branded company. Neither accused applicants were selling nor were in constructive possession nor there were any criminal antecedents nor there was any independent public witness of above recovery is there. Hence, bail has been prayed for.

Learned AGA has vehemently opposed the bail application.

Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.

Accordingly, the bail application is allowed.

Let the applicant, Vishnu Modanwal and Ram Ratan Kushwaha @ Sagar Lachari, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

1. The applicants will not tamper with the evidence.

2. The applicants will not indulge in any criminal activity.

3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.

Order Date :- 9.5.2019

Kamarjahan