Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46039 of 2021 Applicant :- Deepak Jain Opposite Party :- State of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Deepak Jain seeking enlargement on bail during trial in connection with Case Crime No. 014 of 2021, under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and 66 (D) Information Technology Act, registered at P.S.- Pinahat, District- Agra.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant is not named in the FIR. Applicant has not committed the alleged offences. In statement of the witnesses under section 161 Cr.P.C., the name of the applicant has not been disclosed. Applicant has been arrested on the basis of his confessional statement. Applicant has explained criminal history in para 10 of the affidavit filed in support of the bail application. He further submitted that named accused Rahul Shakya @ Rahul Kori has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 17328 of 2021, vide order dated 07.12.2021 and submitted that the case of the applicant stands on the better footing as that of co-accused Rahul Shakya @ Rahul Kori, who has already been granted bail. Further submitted that the applicant is languishing in jail since 03.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Deepak Jain involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 21.12.2021 v.k.updh.