Allahabad High Court
Ghamman Ram Mina vs Union Of India And Another on 12 April, 2022
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15301 of 2022 Applicant :- Ghamman Ram Mina Opposite Party :- Union Of India And Another Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.,A.S.G.I.,Manjari Singh Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.03 of 2022 at Police Station-R.P.F. Bareilly City, District-Bareilly under Sections 3/4 of the R.P. (U.P.) Act. The applicant is in jail since 05.03.2022.
The bail application of the applicant was rejected by learned Special Judge (S.C./S.T. Act), Bareilly on 23.03.2022.
Shri Karunesh Narayan Tripathi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is an incharge of store keeper who disbursed the goods in discharge of his official duties at the asking of the authorized railway contractor. As a matter of regular practice at times, excess materials are issued to reduce costs. However, under the agreement after the items are used the railway contractors are obligated to return the excess items. The applicant had no reason to disbelieve the representation made by the railway contractor in regard to the requirement of the materials since he is an authorized contractor who is executing the railway works. The excess material has since been recovered from the principal offender-Amerndra Kumar Singh. The said principal offender-Amerndra Kumar Singh has been enlarged bail by this Court on 08.04.2022 in Criminal Misc. Bail Application No.14691 of 2022. The case of the applicant is a better footing than the principal offender-Amerndra Kumar. However, the applicant claims parity in relief. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Paritosh Kumar Malviya, learned A.G.A. and Ms.Manjari Singh, learned counsel for the Railways could not satisfactorily dispute the aforesaid submissions from the record. They, however, do not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Ghamman Ram Mina be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 12.4.2022 Ashish Tripathi