Heard learned counsel for the applicants and learned A.G.A. for the State.
The present bail application under Section 439 Cr.P.C has been filed by the applicant in Case Crime No. 212 of 2015 under Sections 379 & 411, I.P.C, Police Station - Kotwali, District - Moradabad, with the prayer to enlarge the applicants on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicants the applicants have been falsely implicated in the present case, they were not named in the first information report; that recovery as shown is false. It is lastly contended that the applicants are in jail since 16.03.2016 and in case applicants are enlarged on bail, the applicants will not misuse the liberty of bail.
Learned counsel for the applicant further submitted that similarly placed co-accused - Amit has been granted bail by this Court vide order dated 07.09.2016 passed in Criminal Misc. Bail Application No. 30695 of 2016 (Amit Vs. State of U.P) and the applicants' role are identical to that of co-accused Amit.
He lastly submitted that the applicants who has no criminal antecedents to their credit and are in jail since 16.03.2016 are entitled to be enlarged on bail on the ground of parity during the pendency of their trial.
The prayer for bail has been vehemently opposed by learned A. G. A.
Considering the submission made by learned counsel for the applicants and the fact that the similarly placed Amit has been granted bail by this Court, the applicants are also entitled to be released on bail on the ground of parity.
Let the applicants ? Ajeet Rao and Brij Pal Singh be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 212 of 2015, under Sections 379 and 411 I.P.C, Police Station - Kotwali, District - Moradabad and also subject to the following conditions:-
1. the applicants shall attend the court according to the conditions of the bond executed by them;
2. the applicants 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 20.10.2016 Vinod.