Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49234 of 2018 Applicant :- Farman And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
As per the prosecution version, after receipt of secret information that a group, which indulges in cheating by way of changing ATMs is present, the applicant and co-accused persons were apprehended by the Police and Rs. 25000/- and five mobile phones were recovered from their possession.
Learned counsel for the applicants submitted that co-accused Banti Abbasi, Hanif and Firoz and Balwan have already been enlarged on bail by another Bench of this Court vide order dated 14.12.2018, 18.12.2018 and 11.12.2018 passed in Criminal Misc. Bail Application Nos. 47866 of 2018, 47916 of 2018 and 47183 of 2018, copies of which have been taken on record. He further submitted that since the role of the applicants is identical to that of the co-accused who have already been enlarged on bail and thus, they are also entitled to be enlarged on bail on the ground of parity. The applicants are languishing in jail since 13.10.2018.
The prayer for bail has been opposed by learned A.G.A. However, he does not dispute the fact that the role assigned to the applicants Farman and Soaib is similar to co-accused persons, who have been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused Banti Abbasi, Hanif and Firoz and Balwan have already been enlarged on bail by another Bench of this Court, without expressing any opinion on the merits of the case, I deem it appropriate to enlarge the applicant on bail.
In view of the above, let the applicants Farman and Soaib be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 1135 of 2018, under Sections 411, 414, 420, 467 and 471, IPC, P.S. Sadar, District Agra, subject to following conditions;
(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants 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 applicants will not indulge in any unlawful activities.
(iv) The applicants 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 applicants to prison.
Order Date :- 20.12.2018 A. Tripathi