Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56981 of 2019 Applicant :- Deepak Kumar Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Pravin Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State and perused the materials placed on record.
By means of this application, the applicant, who is involved in Case Crime No. 476 of 2019, under Sections 379, 411, 419, 420, 467, 468, 471 IPC, police station Cantt, district Varanasi, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the co-accused Shubham Singh has already been enlarged on bail by the coordinate Bench of this Court vide order dated 17.10.2019 passed in Criminal Misc. Bail Application No. 42103 of 2019. He further submitted that since the role of the applicant is identical to that of the co-accused, who has already been enlarged on bail, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. It is further submitted by leaned counsel for the applicant that prior to 8.4.2019, the applicant was not having any criminal history, but after apprehending the applicant on 8.4.2019 he has been implicated in fourteen cases, out of which in six cases, he is already on bail and the same has been explained in paragraph No. 21 of the bail application supported by an affidavit. Learned counsel for the applicant further submits that the applicant is languishing in jail since 8.4.2019.
The prayer for bail has vehemently been opposed by learned Additional Government Advocate. However, he does not dispute the fact that the similarly placed aforesaid co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned Additional Government Advocate and the fact that identically placed co-accused Shubham Singh 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 Deepak Kumar Patel be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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 :- 19.12.2019 Sumaira