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Allahabad High Court · body

2020 DIGILAW 1039 (ALL)

Badal v. State of U. P.

2020-07-27

RAM KRISHNA GAUTAM

body2020
JUDGMENT : 1. By means of this application the applicant Badal has prayed to release him on bail in Case Crime No. 111 of 2020, u/s 457, 380, 411, 413 I.P.C., P.S. Dibiyapur, District Auraiya. 2. Heard learned counsel for the applicant and learned AGA representing the State. Perused the record. 3. Learned counsel for the applicant filed supplementary affidavit, taken on record. Explaining the alleged criminal antecedent, he has argued that the applicant is innocent. He was of no criminal antecedent till his arrest in this very case crime number and on the basis of alleged planted recovery, he has been implicated in two other cases. This case crime number was got lodged against unknown theft. No independent public witness is there for alleged recovery nor any such recovery ever occurred. It was a planted one. Applicant is in jail since 1.4.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial. 4. Learned AGA has vehemently opposed the bail application but could not oppose the factual aspects. 5. Having heard learned counsel for both sides and gone through the material placed on record, it is apparent that this was a recovery against unknown theft. Subsequently, on the basis of alleged recovery, implication is there. The recovery has been challenged. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions. 6. Accordingly, the bail application is allowed. 7. Let the applicant, Badal, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. 8. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.