Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36369 of 2020 Applicant :- Chhotu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Paritosh Sukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that identically placed co-accused Surajpal has been granted bail by another Bench of this Court on 06.12.2019 vide Criminal Misc. Bail Application No. 41146 of 2019. He further submits that the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail on the ground of parity. It is next submitted that the applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 04.03.2020 and 05.03.2020 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties and keeping in view the nature of the offence, evidence, complicity of the accused, the fact that the identically placed co-accused has already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Chhotu and Sonu involved in Case Crime No. 862 of 2018, under Section 376-D, 504, 506 IPC and Sections 3, 4, 7, 8 POCSO Act, P.S. Khurja Nagar, District Bulandshahar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.4.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.04.05 13:45:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad