Allahabad High Court
Lekhpal @ Anshul vs State Of U.P. on 29 September, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28332 of 2020 Applicant :- Lekhpal @ Anshul Opposite Party :- State of U.P. Counsel for Applicant :- Inder Pal Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant,Lekhpal @ Anshul, with a prayer to release him on bail in Case Crime No. 83 of 2020, under Sections 395, 412, 34 IPC, Police Station Naraura, District- Bulandshahar during pendency of trial.
There is allegation in the first information report that unknown accused persons came on motor cycle and looted Rs.5,70,000/- from the informant.
Learned counsel for the applicant has submitted that the applicant was not named in the first information report. Subsequently recovery of Rs.1,90,000/- has been shown from the applicant and on the basis of recovery he has been implicated in this case. There is no public witness of recovery. The applicant is in jail since 25.06.2020. He has criminal history of two cases explained in para 8 and 9 of the affidavit filed in support of the bail application. Learned counsel for the applicant has submitted that applicant has criminal history of two more cases under Arms Act and under Section 110-G Cr.P.C.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.9.2020 SS