Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41665 of 2021 Applicant :- Banwari Opposite Party :- State of U.P.
Counsel for Applicant :- Shri Prakash Mishra,Bal Mukund Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Banwari seeking enlargement on bail during trial in connection with Case Crime No. 146 of 2021, under Sections 272, 273, 420, 467, 468, 471, 201, 120-B I.P.C. P.S.- Madrak, District- Aligarh.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. He was not arrested on the spot. Whole prosecution story is false and fabricated. Name of the applicant surfaced in the confessional statement of co- accused persons. He further submitted that similarly placed co- accused Chob Singh has already been granted bail by co- ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 43587 of 2021, vide order dated 27.11.2021 and claimed parity as the case of the applicant stands at par with the case of co-accused Chob Singh. He next submitted that the applicant is languishing in jail since 04.06.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
In view the above on the ground of parity, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Banwari involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 v.k.updh.