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Allahabad High Court · body

2014 DIGILAW 1827 (ALL)

Monu v. State of U. P.

2014-06-06

ARVIND KUMAR MISHRA I

body2014
JUDGMENT Hon'ble Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record. 2. By means of the present application, the applicant seeks bail in Case Crime No.54 of 2014, under Sections 136, 137 Electricity Act, Police Station Mirzapur, District Saharanpur. 3. The submission on behalf of the applicant has been made to the extent that in fact no offence has been committed by the applicant. The complainant Harpal Singh influenced by election of Gram Pradhan enmity has falsely implicated the applicant. Initially, case was registered under Sections 136 Electricity Act and 379, 411 I.P.C. which after investigation was confined to only under Sections 136 and 137 Electricity Act. In fact the applicant was sent by Area Lineman to join the fuse of transformer but village Pradhan who was having enmity with the applicant found opportunity and falsely implicated the applicant in the present case. 4. Learned counsel for the applicant has further submitted that co-accused Udham Singh and Pradeep have already been granted bail by the Court vide order dated 15.05.2014 in criminal misc. bail application no.16489 of 2014. The case of the present applicant is identical to that of co-accused who has already been enlarged on bail. 5. Learned counsel for the applicant has further submitted that the applicant does not have any criminal history to his credit. He is only male member to look after his family. The applicant is in jail since 30.03.2014 in the present case. 6. Learned AGA has opposed prayer for bail on the ground that there is no point of false implication for the reason that the applicant was caught from the spot with 10 KVA transformer. 7. Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed. 8. Accordingly, bail application is allowed. 8. Let the applicant Monu involved in Case Crime No.54 of 2014, under Sections 136, 137 Electricity Act, Police Station Mirzapur, District Saharanpur, 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 with the following conditions that: - 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. He will cooperate in the trial bonafidely without seeking adjournments. 3. He shall not indulge in any criminal activity or commission of any crime after being released on bail. 9. 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.