HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 51994 of 2019
Applicant :- Aman Kumar
Opposite Party :- State of U.P.
Counsel for Applicant :- Pawan Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate and perused the record.
By means of this application, the applicant who is involved in Case Crime No.105 of 2019, under Sections 406, Section419, Section420, Section467, Section468, Section379, Section411 I.P.C., Police Station Parsa Malik, District Maharajganj, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted that on 25.09.2019, FIR was lodged under Sectionsection 406 I.P.C. against unknown person. Thereafter police has apprehended accused persons namely Aakash Gupta, Rahul Paswan, Aman Kumar (applicant) and from the possession of co-accused Rahul Paswan, one mobile phone has been recovered, which has been connected with Case Crime No.105 of 2019 of this case. It is next submitted that admittedly there is no recovery from the possession of applicant. The applicant is languishing in jail since 03.10.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the application for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Aman Kumar, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.11.2019
SKD
