Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34505 of 2019 Applicant :- Amitendra Kumar Mishra @ Amitendra Shekhar Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 259 of 2018, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Siddharth Nagar, district-Siddharth Nagar and is in jail since 30.2.204, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant has not committed any offence. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that similarly placed co- accused namely, Rajesh Kumar Singh, Bhoriknath Yadav and Aditya Singh have already been enlarged on bail by coordinate Benches of this Court vide orders dated 22.1.2019, 26.2.2019 and 27.3.2019 passed in Criminal Misc. Bail Application Nos. 3018 of 2019, 8350 of 2019 and 12226 of 2019, copy whereof has been filed as Annexure-3 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Rajesh Kumar Singh, Bhoriknath Yadav and Aditya Singh who have already been enlarged on bail, he is also entitled to be enlarged on bail on merits as well as on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Amitendra Kumar Mishra @ Amitendra Shekhar Mishra be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 259 of 2018, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Siddharth Nagar, district-Siddharth Nagar with the following conditions :-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.8.2019 Faridul