Allahabad High Court grants bail to man arrested under Prevention of Damage to Public Property Act

Allahabad_high_court

The Allahabad High Court has granted bail to Javed Mohammad @ Pump on the FIR registered in 2022 at Khuldabad police station in Prayagraj under the Prevention of Damage to Public Property Act, 1984.

A Single Bench of Justice Jyotsna Sharma passed this order while hearing a Criminal Misc Bail Application filed by Javed Mohammad @ Pump.

The bail application has been filed by the applicant seeking bail in case under Sections 147 and 427 I.P.C and 3/4 of Prevention of Damage to Public Property Act,1984, P.S Khuldabad, District Prayagraj.

As per version of the F.I.R, some unknown miscreants indulged in stone pelting and damaged the camera housing, switch, cables etc at a place maintained by M/s Larsen Toubro Limited. Later on the applicant was found involved in the incident.

It is contended on behalf of the applicant that he is not named in the F.I.R; there is no reliable evidence that he was the person involved in damaging equipment etc; the applicant has been named at later stages of the investigation by deliberately bringing his name; for the first time it came in the statement given by S.I Lal Bharat Yadav recorded after more than a month of the incident; no reliance can be placed on such statement given under Section 161 CrPC after a month delay.

It is next contended that initially FIR was lodged under Section 147, 336 and 427 IPC and Section 3/5 Prevention of Damage to Public Property Act,1984; after investigation Sections 336 IPC and 5 of Prevention of Damage to Public Property Act 1984 have been dropped and now he is wanted for the offence under Section 147, 427 I.P.C and Section 3/4 Prevention of Damage to Public Property Act,1984; he is in custody since 01.05.2023 in this case i.e last more than two months. And he undertakes that during the period of bail he will not indulge in criminal activity of any nature.

The application for bail is opposed by A.G.A submitted that he was identified later on the basis of CCTV footage; he is in the habit of indulging in arson and damage to public property; a few other cases of similar nature have been registered against him. However, it is conceded that none was injured in the incident and the matter relates to only causing damage to public property.

I considered the nature of the allegations, role ascribed to the applicant, the evidence proposed, maximum term of imprisonment awardable, and all other facts and circumstances of the case. In my view, a case for bail is made out, the Court observed.

The Court ordered that,

Let applicant – Javed Mohammad @ Pump be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall file a personal affidavit with undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court and further undertake that he will not engage himself in any criminal or anti-social activities till conclusion of trial. Such undertaking shall be furnished before the court concerned within 3 days of his release from the prison.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) It is further provided that before issuing the release order, present as well as permanent address of the accused as well as sureties shall also be duly verified.

Any violation of above conditions will be treated as misuse of bail and the Court below will be at liberty to pass appropriate order.

The post Allahabad High Court grants bail to man arrested under Prevention of Damage to Public Property Act appeared first on India Legal.



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