Allahabad High Court
Bholu @ Maujam (Second Bail) vs State Of U.P. on 15 May, 2019
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- BAIL No. - 1414 of 2019
Applicant :- Bholu @ Maujam (Second Bail)
Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Awasthi,Ashish Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Counter affidavit filed by learned AGA and rejoinder affidavit filed on behalf of the accused-applicant today in Court, both are taken on record.
Heard the learned counsel for the accused/applicant as well as learned A.G.A. for the State, Shri B.G. Tripathi and perused the record.
This second bail application has been moved by the accused/applicant- Bholu @ Maujam for grant of bail, in Case Crime No. 426 of 2017, under Sections 395, 397 IPC, relating to Police Station Kotwali Sadar, District Kheri.
The first bail application of the applicant has been dismissed as not pressed, vide order dated 3.12.2018 passed in Bail No. 9338 of 2017.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case. Nothing as claimed by the prosecution has been done by the applicant.
It is further submitted that allegations in the instant case are that some persons entered into the house of the informant and committed loot of jewelery while the the applicant was away. When the miscreants were running away som persons of locality chased them and captured one of the miscreants, namely, Gurcharan @ Channi, from whom the recovery of allegedly looted articles were made. The co-accused Gurcharan @ Channi who was captured by the public, in his confessional statement given to the police stated to have committed the crime with the help of the applicant and other co-accused persons i.e. Sarvesh Kumar Verma, Rinku Tiwari and Ram Sagar.
It is overwhelmingly submitted by learned counsel for the applicant that the name of the applicant has been involved in this case only on the basis of his criminal history of 18 cases. The only evidence which is available against the applicant is the confessional statement of co-accused Gurcharan @ Channi and no recovery of any material which may connect the applicant to the instant crime, has been effected from the possession of the applicant at the time of his alleged arrest. Co-accused persons, namely, Sarvesh Kumar Verma, and Rinku Tiwari standing on identical footing as of the applicant, have been released on bail by Co-ordinate Benches of this Court, vide order dated 16.4.2019 passed in Bail No. 661 of 2018 and order dated 30.6.207 passed in Bail No. 5285 of 2017.
It is further submitted that criminal history of 18 cases alleged to standing against the applicant has been elaborately explained from paragraphs 19 to 37 of the bail application, wherein it is specifically stated that in all the cases shown against the applicant, he has either been granted bail or he has been acquitted by the competent court and nothing adverse pertaining to these facts have been stated by the State in its counter affidavit. There is no likelihood that the accused-applicant after release on bail, may flee from the process of law or will misuse the liberty of bail.
Learned A.G.A. has, however, opposed the prayer for bail but could not dispute the factual submissions made by the learned counsel for the accused-applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Bholu @ Maujamnvolved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 15.5.2019
Muk
