Heard Sri Ray Sahab Yadav, learned counsel for the applicant, learned AGA for the State and perused the material on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the F.I.R. After two months of alleged incident Rs.750/- and one Voter ID Card were allegedly recovered from the possession of applicant. Nothing incriminating has been recovered from the possession of applicant and allegedly recovered Rs.750/- was of applicant's own money. There is no public witness of alleged recovery. Co-accused Shatru Yadav has been granted bail by a co-ordinate Bench of this Court vide order dated 11.1.2021 passed in Criminal Misc. Bail Application No.43792 of 2020, copy of bail order has been produced which is taken on record. The case of the applicant is at par with co-accused who has already been granted bail and as such the 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 prosecution evidence. He next submits that the applicant has no criminal history and is in jail since 28.9.2020 and if released on bail, he will not misuse the liberty of bail.
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- Ameen alias Arif be released on bail in Case Crime No.229 of 2020, under Sections 394, 411, 504, 506 IPC, registered at P.S. Prem Nagar, District Jhansi, 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 :- 4.2.2021 Kpy