Allahabad High Court
Ranu @ Om Prakash vs State Of U.P. on 19 January, 2023
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57263 of 2022 Applicant :- Ranu @ Om Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 44 of 2022 at Police Station- Kotwali, District- Agra under Sections 395, 412, 120B, IPC. The applicant is in jail since 02.08.2022.
The bail application of the applicant was rejected by the learned trial court on 19.10.2022.
The following arguments made by Shri Ajai Kumar Sriavatava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
(1). Rs. 2 Lacs cash has been shown as recovered from the applicant. The money belongs to the applicant.
(2). The recovered cash was planted on the applicant by the police to falsely implicate him in the this case and to burnish their credentials.
(3). There is no independent witness to the alleged recovery.
(4). Prosecution evidence does not connect the applicant with the offence.
(5). Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to co-accused namely Deepak @ Chhotu@ Vadafone, Ravi Pathak @ Halwai, Netrapal and Bhura @ Bhuri Singh who have been enlarged on bail by this Court on 04.01.2023 in Criminal Misc. Bail Application No. 53945 of 2022, order dated 09.01.2023 in Criminal Misc. Bail Application No. 48273 of 2022, order dated 14.12.2022 in Criminal Misc. Bail Application No. 56065 of 2022 and order dated 12.01.2023 in Criminal Misc. Anticipatory Bail Application U/S Cr.P.C. No. 11010 of 2022 respectively.
(6). Explaining the criminal history of the applicant it is contended that the applicant belongs to poor economic strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in the said cases only to burnish the credentials of the police authorities. The said cases have no bearing on the instant bail application.
(7). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
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- Ranu @ Om Prakash 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 below. The following conditions be imposed in the interest of justice:-ion is directed
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 19.1.2023 Pravin