Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24057 of 2020 Applicant :- Ashwani @ Billu Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Rai,J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He has not committed the present offence. Applicant was not named in the F.I.R. Name of applicant surfaced in the matter during investigation. Nothing has been recovered from the possession of the applicant. There is no chance of early conclusion of trial in near future. Criminal cases shown as criminal history has been properly explained. It is further submitted that co-accused has been granted bail by this Court on 6.12.2017 vide Criminal Misc. Bail Application No. 47732 of 2017 and on 29.10.2018 vide Criminal Misc. Bail Application No. 1749 of 2018. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. Applicant is in jail since 31.8.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicant Ashwani @ Billu involved in Case Crime No. 358 of 2016 under Sections 396, 412, 120-B IPC, Police Station Badalpur, District - Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions,the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.4.2021 safi