Heard Sri Ramesh Chandra Upadhyay, learned counsel for the applicant, learned AGA for the State and perused the material on record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the F.I.R. and his name has come into light on the recovery which was made by the police in Case Crime No.430 of 2020, under section 3/25 Arms Act. The applicant has not committed any offence. It is further submitted that other co-accused, namely, Altesh, Gaurav Chopra, Arjun, Pradeep Gupta and Shivam Gupta have been granted bail by co-ordinate Benches of this Court vide orders dated 20.10.2020, 4.11.2020, 1.12.2020, 1.12.2020 and 1.12.2020 passed in Criminal Misc. Bail Application Nos. 35650 of 2020, 37973 of 2020, 42309 of 2020, 42389 of 2020 and 42393 of 2020, copies of which have been collectively filed at Annexure No.3 to the present application. The role of the applicant is similar to the co-accused persons, who have already been granted bail and as such applicant is also entitled for bail on the ground of parity. There is no possibility of applicant of fleeing away from the judicial process or tampering with the witnesses. He next submits that the applicant is in jail since 4.8.2020 and if released on bail, he will not misuse the liberty of bail. The applicant has no criminal history, as mentioned in para 15 of the affidavit filed in support of bail application.
Learned AGA for the State vehemently opposed the prayer of bail.
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- Abhishekh Baghel be released on bail in Case Crime No. 418 of 2020, under Sections 395, 412,34 IPC, registered at P.S. Sikandra, District Agra 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 :- 21.1.2021 Tamang