Om Prakash Vs. The State Of U.P

Allahabad High Court (Single Judge)

BAIL, 4569 of 2015, Judgment Date: Jun 08, 2015

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 17 

Case :- BAIL No. - 4569 of 2015 

Applicant :- Om Prakash 
Opposite Party :- The State Of U.P 
Counsel for Applicant :- Rama Kant Dixit 
Counsel for Opposite Party :- Govt. Advocate 

Hon'ble Arvind Kumar Mishra-I,J. 
Heard learned counsel for the applicant and the learned A.G.A. for the State. 
Learned counsel for the applicant contends that in this case, Investigating Officer has recorded the statement of the applicant under Section 161 Cr.P.C. in which, he has been falsely shown in his confessional statement. He adds that no recovery has been made on the pointing out of the accused/applicant. The applicant is in jail since 2.4.2014. There is no previous criminal history against the applicant. 
The learned A.G.A. has vehemently opposed the prayer. 
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed. 
Let the applicant-Om Prakash involved in Crime No.572 of 2014, under Section 3/4/5Explosive Substance Act, Police Station Nababganj, district Bahraich be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: 
(1) The applicant will not tamper with the evidence during the trial. 
(2) The applicant will not pressurize / intimidate the prosecution witness. 
(3) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. 
Order Date :- 8.6.2015