Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 1838 (ALL)

Laxman Pal v. State of U. P.

2016-05-12

ARVIND KUMAR MISHRA I

body2016
JUDGMENT Arvind Kumar Mishra-I,J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case; that the applicant is not named in the F.I.R. regarding theft of two tractors viz. Sonalika and Eicher in the night of 12.7.2015; that nothing incriminating has been recovered from the possession of the applicant and the allegedly stolen tractors are not alleged to have been recovered from the possession of the applicant. It is further submitted that the role of the applicant stands on lesser footing than that of co-accused Baikunth Lal @ Pandit who has already been admitted to bail by a co-ordinate Bench of this Court vide order dated 08.10.2015 passed in BAIL No. 9002 of 2015 copy of which is annexed as Annexure No. 8 to the affidavit filed in support of bail application. His role is confined to only accompany the other accused person. Applicant has no criminal history and he undertakes that he will not misuse the liberty of bail. The applicant is in jail since 01.08.2015 in connection with the present offence. 3. Learned A.G.A. opposed the prayer of bail, however, not disputed the fact of grant of bail order to the co-accused. 4. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 5. 4. Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 5. Let the applicant Laxman Pal be released on bail in Case Crime No.282 of 2015, under Sections 379, 411, 414, 420 I.P.C., P.S. Inyatnagar, District Faizabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. 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.