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Allahabad High Court · body

2016 DIGILAW 1054 (ALL)

Sushil Kumar Bajpai v. State of U. P.

2016-03-28

ARVIND KUMAR MISHRA I

body2016
JUDGMENT 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. Sri Neeraj Singh, learned counsel for the appellant has persuaded the Court to believe in concoction of the incident as highly improbable, for the reason that huge amount of Rs.3,51,600/- has been stated to have been taken from the first informant Obaidurrahmaan son of Zubair Alam. However, there is no disclosure of source from where the first informant availed that money and how he gave that money to the applicant. Because of political rivalry and enmity, the applicant has been falsely roped in connivance of the police authority. Even the police has manufactured some papers which papers if brought before the Court will prove that some foul play has been made by the prosecution in this case and charge sheet has been deliberately submitted by the police in order to harass the applicant. The applicant does not bear any criminal history and is languishing in jail since 28.12.2015 in the present case. 3. Sri G.D. Bhatt, learned AGA has opposed prayer for bail by filing counter affidavit wherein source of money and mode of handing over the same to the applicant has not been brought on record. However, learned AGA has not disputed the aforesaid facts. 4. 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. 5. Let the applicant Sushil Kumar Bajpai involved in Case Crime No.494 of 2015, under Sections 406, 420 I.P.C., Police Station Ajgain, District Unnao, 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 following conditions: (1) The applicant will not tamper with the evidence during the trial. (2) The applicant will not pressurize/intimidate the prosecution witness. (3) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 6. (2) The applicant will not pressurize/intimidate the prosecution witness. (3) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 6. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.