Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38745 of 2019 Applicant :- Dinesh Chandra Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 82 of 2017, under Sections 420, 467, 468, 471 and 120B I.P.C., P.S. Holagarh, district-Prayagraj and is in jail since 17.7.2019, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused Rahmatulla @ Munna Khan, Amrit Lal, Panna Lal and Ram Autar have already been enlarged on bail by another Bench of this Court vide orders dated 2.9.2013, 26.9.2013 and 3.10.2013 passed in Criminal Misc. Bail Application Nos. 24658 of 2013, 28187 of 2013 and 28969 of 2013, copy whereof has been filed as Annexure-3 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Rahmatulla @ Munna Khan, Amrit Lal, Panna Lal and Ram Autar who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is having a long criminal history.
In reply, learned counsel for the applicant submitted that he has properly explained the criminal history in paragraph 2 of the supplementary affidavit.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Dinesh Chandra Tiwari 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 with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 25.9.2019 Faridul