Heard Sri Shiv Gopal Mishra, learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the material placed on record.
Applicant-Bante Thakur seeks bail in Case Crime No. 346 of 2004, under Sections 396,120-B,34,467,468,420,412 I.P.C., Police Station Ait, District Jalaun.
The present bail application is being pressed on the ground of parity. It is submitted on behalf of the applicant that the looted vehicle was recovered from the garage of the co-accused Brij Nandan and Shanker who have already been granted bail from the pointing out of the present applicant as well as two other co-accused persons, namely, Santosh and Shantanu Sen Gupta, who have also been granted bail by this Court. The co-accused Mangal Singh @ Malik, Vinod Chauhan and Shyam Singh @ Chhotu Thakur @ Chhote have been granted bail by this Court in Criminal Misc. Bail Application Nos.22926 of 2005 and 17666 of 2005 respectively on the ground of parity. Learned counsel for the applicant submits that the case against the applicant stands upon the circumstantial evidence which is fragile in nature and is identical to that of the other co-accused, namely, Santosh and Shantanu Sen Gupta who have already been granted bail. He further argued that his further complicity was found in the crime on the basis of extra judicial confession before the police on his arrest under Section 25 Arms Act on 16.1.2005. Such type of confession has no meaning under the law unless it is corroborated by some substantial evidence.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Bante Thakur involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned and executing an undertaking in the following terms:
1. The applicant shall appear on every date before the trial court and shall not seek unnecessary adjournment.
2. The applicant shall not tamper with evidence in any manner.
3. The applicant shall report to the court of C.J.M. concerned in the first week of each month till the conclusion of the trial to show his good conduct and behaviour. In default of any of the aforesaid conditions, the bail granted to the applicant shall be deemed to be cancelled and he shall be taken into custody by the court concerned.
Order Date :- 6.1.2010 Mt/