Rakesh Meena v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50109 of 2023 Applicant :- Rakesh Meena Opposite Party :- State of U.P. Counsel for Applicant :- Ram Murti Tripathi Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.212 of 2023, under Section 395 IPC, Police Station Bisanda, District Banda, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was not named in the FIR; he was not arrested on the spot. His name has come into picture on the confessional statement of the co-accused person. Nothing was recovered from his possession. Later on he was arrested with the alleged country made pistol on which basis he was also implicated in Case Crime No.213 of 2023. There is no independent witness of the alleged incident. He further contends that there is no other criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. He is in jail since 30.05.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Rakesh Meena, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 1.12.2023 Shahroz High Court of Judicature at Allahabad