Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23823 of 2019 Applicant :- Const. 141 Suneel Kumar And Another Opposite Party :- State Of Up Counsel for Applicant :- Deepak Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 197 of 2019 under Section 222 of IPC, Police Station Brahmapuri, District Meerut with the prayer to enlarge the applicants on bail.
The contention as raised at the bar by learned counsel for the applicants is that applicants accused have been falsely implicated in the present case; that no specific role has been assigned to the applicant in fleeing of co-accused Badan Singh @ Baddo from custody; that co-accused Deshraj Tyagi, Rajkumar and Bhupedra have already been enlarged on bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 23255 of 2019, 23760 of 2019 and 23752 of 2019 respectively, copies of which have been produced and the same are taken on record. He further submits that since the role of the applicants are identical to that of the co-accused, who have already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicants lastly submits that the applicant is in jail since 1.4.2019 and that in case applicant is enlarged on bail, the applicants will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly p12.3.2019laced co-accused have been granted bail by this Court.
Considering the submissions made by learned counsel for the applicants as well as learned A.G.A. and the fact that identically placed co-accused have already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Const. 141 Suneel Kumar and Const. 91 Omveer in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant 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.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 10.6.2019 Mohit Kushwaha