Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48948 of 2021 Applicant :- Deepak And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Nigamendra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants- Deepak and Pawan in Case Crime No.892 of 2021, under Sections 323, 504, 506 and 308 I.P.C., Police Station-Phase-III, District-Gautam Budh Nagar with the prayer to enlarge them on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case.The main role of assault with Sariya has been assigned to co- accused, Amit in the statement of the injured.The case of the applicants is distinguishable from the case of co-accused, Amit. There is no early prospect of conclusion of trial. So, the applicants, who are in jail since 17.08.2021, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicants but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicants are entitled to be released on bail.
Let applicants-Deepak and Pawan be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
However, it is made clear that co-accused Amit cannot claim parity with the applicants.
Order Date :- 21.12.2021 MN/-