Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39808 of 2021 Applicant :- Anil Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 408 of 2021, under Section U.P. 15 D.A.A. Act, registered at P.S.- Tajganj, District- Agra.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Further submitted that in the present case co-accused Raghuram @ Dishu whose case stands on the same footing, has been granted bail by this Court on 09.09.2021 in Criminal Misc. Bail Application No. 31498 of 2021 and claimed parity. The applicant is in jail since 22.06.2021.
Per contra, learned A.G.A. opposed the prayer for bail however conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
In view of above, on the ground of parity, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Anil involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 VPS