An accused is entitled to be released on bail unless there is a reasonable apprehension that he may flee from justice or tamper with the witnesses.

Court No. - 91

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33262

of 2022

Applicant :- Govind Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Gaurav Singh,Krishna Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard learned counsel for the applicant as well as learned AGA

for the State and perused the record.

The instant bail application has been filed on behalf of the

applicant with a prayer to admit him on bail in Case Crime No.

148 of 2022, under Sections 420, 467, 468, 471 IPC, Police

Station Sadar Bazar, District Mathura, during the pendency of

trial.

As per the prosecution case, on 5.5.2022 Chief Medical Officer,

Mahtura lodged a written complaint alleging that the applicant

had joined the office on 30.4.2022 on the basis of appointement

letter issued by the Directorate General dated 11.4.2020 and

when the confirmation rquest was called from the higher

authority about the said appointment letter, the office of

Director (Paramedical) Medical and Health through its letter

dated 5.5.2022 informed that no such appointment letter has

been issued from the concerned office and the alleged

appointment letter is fake.

It is argued by the learned counsel for the applicant that the

applicant is absolutely innocent and has been falsely implicated

in the present case with some ulterior motive. It is furtehr

submitted that apart from the appointment letter and statement

of the complaiant, there is no other evidence to connect the

applicant with the alleged crime. There is no cogent and reliable

evidence adduced by the police connecting the applicant. It is

next submitted that the circumstances which, as per counsel, led

to the false implication of the applicant have also been touched

upon at length. The applicant has no criminal antecedents. It is

also submitted that there is no apprehension that after being

released on bail, the applicant may flee from the course of law

or may, otherwise, misuse the liberty of bail and the applicant is

in jail since 5.5.2022 and the possibility of conclusion of trial in

near future is very bleak.

Per contra learned A.G.A. has opposed the bail prayer of the

applicant contending that the innocence of the applicant cannot

be adjudged at pre trial stage but could not dispute the aforesaid

submission of the learned counsel for the applicant.

Looking to the nature of allegations levelled against the

applicant and submission made in the bail application, without

expressing any opinion on the merits of case and considering

the nature of accusation and the severity of punishment in case

of conviction and the nature of supporting evidence,

particularly since no reasonable apprehension of tampering with

the witnesses has been alleged, prima facie, this Court finds, the

applicant is entitled to be released on bail in this case.

Accordingly bail application is allowed.

Let applicant Govind Kumar involved in the aforesaid case

crime be released on bail on his furnishing a personal bond of

Rs. 50,000/- and two sureties each in the like amount to the

satisfaction of the court concerned with the following

conditions:

(i) That the applicant shall cooperate with the expeditious

disposal of the trial and shall regularly attend the court unless

inevitable.

(ii) That the applicant shall not directly or indirectly make any

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 or to any police officer or tamper with the

evidence.

(iii) That after his release, the applicant shall not involve in any

criminal activity.

(iv) The identity, status and residential proof of sureties will be

verified by court concerned before the release of the applicant.

In case of breach of any of the conditions mentioned above,

court concerned will be at liberty to cancel the bail of the

applicant.

Order Date :- 5.1.2023

M. Tarik

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