Heard Sri Arun Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
Learned Counsel for the applicant submitted that applicant is innocent and has been falsely implicated in this case. The applicant is not named in the First Information Report and the F.I.R. was lodged after great delay of two months. Nothing has been recovered from possession of applicant and there was no independent public witness of the alleged recovery. The recovery shown by the police is totally false. The applicant has not committed any offence as alleged in the F.I.R and it is a case of false implication. Co-accused Dharmendra Pandey @ Gappoo has already been granted bail by co-ordinate Bench of this Court vide order dated 25.11.2020 passed in Criminal Misc. Bail Application No.41390 of 2020. Copy of bail order has been annexed as Annexure-6 to the affidavit filed in support of the bail application. It is further submitted that the case of applicant is at par with the co-accused, who has already been granted bail, as such the applicant is also entitled for bail on the ground of parity. It is further submitted that there is no chance of his fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history. The applicant is in jail since 19.5.2020 and if released on bail, will not misuse the liberty of bail.
On the other hand, learned A.G.A. for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant-Abhishek Pandey @ Tillu be released on bail in Case Crime No.113 of 2020, under Sections 419, 420 I.P.C. and 68D I.T.(Amendment) Act, 2008, Police Station-Gopiganj, District Bhadohi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i)The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 12.2.2021 S. Singh