Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53107 of 2019 Applicant :- Chhotey Lal Nishad Opposite Party :- State of U.P.
Counsel for Applicant :- Satish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 217 of 2019, under Sections 457, 380, 411 IPC, P.S. Dohri Ghat, District- Mau, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that co- accused Mithun Prajapati, Mahesh Kumar @ Monu and Jayprakash Ram have been granted bail by the co-ordinate Bench of this Court vide orders dated 19.09.2019, 25.09.2019 and 30.10.2019 passed in Criminal Misc. Bail Application Nos. 36759 of 2019, 38536 of 2019 and 44323 of 2019 respectively. Case of the applicant is identical to the case of aforesaid co- accused, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 13.07.2019.
Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicant.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Chhotey Lal Nishad, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 29.11.2019 AK Pandey