Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51991 of 2019 Applicant :- Anupam Pathak Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State and perused the materials placed on record.
By means of this application, the applicant Anupam Pathak, who is involved in Case Crime No. 256 of 2019, under sections 394, 411, 120-B IPC, police station Kotwali, district Budaun, is seeking enlargement on bail during the trial.
Submission of learned counsel for the applicant is that in this case first information report was lodged on 15.07.2019 against unknown person. Thereafter, during investigation on 22.07.2019, three persons, namely, Nitesh Saxena, Ashok and Anupam Pathak (present applicant) were apprehended by the police while they were travelling on motor cycle and from the dicky of said motorcycle, an amount of Rs. 9,85,000/- ( rupees nine lac eighty five thousand) has been recovered. On the said fact, submission of learned counsel for the applicant is that the said recovery has been made from the joint possession of all the three accused persons. Learned counsel for the applicant submitted that co-accused Nitesh Saxena has already been enlarged on bail by coordinate Bench of this Court vide order dated 30.10.2019 in Criminal Misc. Bail Application No. 45402 of 2019. He further submitted that since the role of the applicant is identical to that of the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is languishing in jail since 22.07.2019.
The prayer for bail has vehemently been opposed by learned Additional Government Advocate. However, he does not dispute the fact that the similarly placed aforesaid co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned Additional Government Advocate and the fact that identically placed co-accused Nitesh Saxena has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Anupam Pathak 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.
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 the orders of 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 activities.
(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 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 26.11.2019 Sazia