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Rajbanshi Rajbhar And 12 Others vs State Of U.P. on 19 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 50086 of 2019

Applicant :- Rajbanshi Rajbhar And 12 Others

Opposite Party :- State of U.P.

Counsel for Applicant :- Vishnu Pandey,Prashant Shukla

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and perused the record of the case.

By means of this application, the applicants, who are thirteen in number, involved in Case Crime No. 12 of 2006, under Sectionsection 406 IPC, police station Bansdih, district Ballia, are seeking enlargement on bail during the trial.

It is submitted by learned counsel for the applicants that main accused in this case is Babban Singh Raghuvanshi, Ex-Pradhan of village Mangalpur, who was involved in embezzelment of Rs. 1,93,686/- (rupees one lac, ninety three thousand six hundred eighty six) during his tenure between 2000 to 2005 along with other employees related to Gram Panchayat. It is further submitted that allegation against the applicants is that on interrogation, the pradhan, Babban Singh Raghuvanshi has stated that he had given an amount of Rs. 1500/- each to the applicants, therefore, involvement of the present applicants along with other villagers also came into light in the present case. It is next submitted by learned counsel for the applicants that the applicants are absolutely innocent and have falsely been implicated in the present case. The main accused Babban Singh Raghuvanshi is an influential person and he has not been arrested by the police till date in the present case. It is also submitted that the applicants have no criminal antecedent to their credit and are facing detention since 15.10.2019. Learned counsel for the applicants lastly submitted that if the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the early disposal of the case.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of 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 applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicants, Rajbanshi Rajbhar, Util Singh, Bhullan Rajbhar, Tribhuvan Nath Tiwari, Ramashankar Singh, Raghunath Yadav, Ramji Yadav, Gaurishankar Yadav, Parmeshwar Pal, Arjun Yadav, Kapil Yadav, Gorakh Gond and Sudharshan Chauhan, 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicants will not indulge in any unlawful activities.

(iv) The applicants 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 applicants 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 :- 19.11.2019

Sazia

 

 

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