Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8411 of 2019 Applicant :- Anil Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Mishra,Manoj Kumar Rajvanshi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No.1892 of 2018, under Sections 406, 419, 420, 467, 468, 471 IPC and Section 66 of I.T. Act, 2008, P.S. Sector 20, Noida, District Gautam Budh Nagar.
Learned counsel for the applicant submitted that the applicant is quite innocent and he has been falsely implicated in the present case, he is an engineer by profession and he is doing his business in computer software. It is further contended that no evidence under Section 406 and 420 regarding the commission of offence against the applicant is made out. All the offences are triable by court of Magistrate. It is further contended that the case of applicant is identical to co-accused Pramod Kumar who has been granted bail by another Bench of this Court vide order dated 20.2.2019 passed in Criminal Misc. Bail Application No. 3078 of 2019. Hence, the present applicant is also entitled to be enlarged on bail on the ground of parity. He lastly submitted that the applicant is languishing in jail since 29.11.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Anil Verma be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 31.7.2019 Mini