Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27661 of 2017 Applicant :- Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Dev Raj Singh,Sunita Chauhan Counsel for Opposite Party :- G.A.,Dinesh Kumar Mishra
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri Amit Singh, the learned counsel for the complainant and learned A. G. A. for the State.
This is the second bail application. The first bail application of the applicant was rejected vide order of this Court dated 9.2.2017 passed in crl. misc. bail application no. 4524 of 017.
Learned counsel for the applicant submitted that subsequent to the rejection of first bail application of the applicant, the co-accused Jairam Singh and Smt. Shyama Devi have already been enlarged on bail by another Bench of this Court vide orders dated 28.6.2017 and 30.6.2017 passed in Criminal Misc. Bail Application Nos. 22854 of 2017 and 22917 of 2017. He further submitted that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is in jail since 29.11.2016.
The prayer for bail has vehemently been opposed by learned A. G. A. However, he does not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Chhotu 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. 491 of 2016, under Sections 498A, 304B, 201 IPC and section 3/4 D. P. Act, P.S. Bah, District Agra with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 29.3.2018/Kuldeep