Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23432 of 2019 Applicant :- Ashok @ Pintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 370 of 2017, under Sections 147, 149, 332, 436, 427 IPC, Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damages to Public Property Act, Police Station - Kotwali, District - Ghazipur, with the prayer to enlarge him on bail.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the matter due to ulterior matter. The contention raised by the learned counsel for the applicant is that the similarly placed co-accused Pramod Tiwari @ Chhote Tiwar, Ankur Singh and Yatendra Singh have already been enlarged on bail by this Court vide orders dated 29.6.2017, 7.10.2017 and 7.11.2017 passed in Criminal Misc. Bail Application Nos. 22552 of 2017, 37483 of 2017 and 43058 and 2017 respectively, copies of which have been annexed as Annexure 5. He further submits that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 23.7.2016.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and considering the complicity of the accused applicant in the present case and seeing the fact that identically placed co-accused have already been enlarged on bail, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant Ashok @ Pintu involved in Case Crime No. 370 of 2017, under Sections 147, 149, 332, 436, 427 IPC, Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damages to Public Property Act, Police Station - Kotwali, District - Ghazipur, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 4.6.2019 Meenu