Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30058 of 2019 Applicant :- Ashu Jain Opposite Party :- State Of U.P.
Counsel for Applicant :- Laxmi Kant Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, 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. 99 of 2019, under Sections 395 and 412 I.P.C., P.S. Railway Road, district-Meerut, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was not named in the first information report. His name as an accused in the present case came into light for the first time in the confessional statements of co-accused persons, namely, Jony, Neeraj, Mohit Goel alias Sonu and Rahul. He next submitted that the recovery which has been shown from the applicant is false one. There is no independent witness of the alleged recovery. No identification parade was conducted. Further submission that the other co-accused Ankit Garg and Mohit Goel Alias Sonu have already been granted bail by this Court by order dated 22.7.2019 and 24.7.2019 respectively passed in Criminal Misc. Bail Application nos. 29689 of 2019 and 29157 of 2019, copy of the bail orders produced by learned counsel for the applicant is taken on record.
Learned counsel for the applicant has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 7.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that there is criminal history of seven cases against the applicant, hence he is not entitled to be enlarged on bail.
In reply, learned counsel for the applicant submitted that he has explained the criminal history in para 10 of the affidavit accompanying the bail application.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ashu Jain 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. 99 of 2019, under Sections 395 and 412 I.P.C., P.S. Railway Road, district-Meerut subject to 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 :- 26.7.2019 Faridul