Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41819 of 2018 Applicant :- Awadhesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Pandey,Adarsh Bhushan,Chetan Chaterjee Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No.544 of 2018, under Section 420 IPC and Section 66 of I.T. Act, P.S. Sector 58, District Gautam Buddh Nagar.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case. It is further submitted that the co-accused Brijesh and Praveen Sharma having similar role have already been enlarged on bail vide orders dated 3.7.2019 and 24.4.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application Nos. 16736 of 2019 and 3980 of 2019. Hence, the present applicant is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicant is languishing in jail since 11.9.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Awadhesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions;-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 31.7.2019 Mini