Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34220 of 2019 Applicant :- Bare Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant and 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. 339 of 2018, under Sections 395 and 412 I.P.C., P.S. Etmadpur, district-Agra and is in jail since 7.10.2018, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that neither the applicant was named in the first information report nor he has committed any offence. He was arrested by the police along with other co-accused. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that similarly placed co- accused Shilesh Kumar has already been enlarged on bail by another Bench of this Court vide order dated 17.1.2019 passed in Criminal Misc. Bail Application No. 2139 of 2019, copy whereof has been filed as Annexure-5 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co- accused Shilesh Kumar who has already been enlarged on bail, he is also entitled to be enlarged on bail on merit as well as on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Bare Lal 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. 339 of 2018, under Sections 395 and 412 I.P.C., P.S. Etmadpur, district-Agra with 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 :- 26.8.2019 Faridul