Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30298 of 2019 Applicant :- Goldi Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
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. 592 of 2018, under Sections 60/63 Excise Act and sections 420, 467, 468, 256, 257 and 258 I.P.C., P.S.
Shikarpur, district-Bulandshahar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. No incriminating article or material has been recovered either from the applicant or on his pointing out. He next submitted that similarly placed co-accused Pappu Manveer has already been enlarged on bail by this Court by order dated 24.7.2019 passed in Criminal Misc. Bail Application Nos. 29698 of 2019. He further submitted that since the role of the applicant is identical to that of co-accused Pappu Manveer who has already been enlarged on bail, he is also entitled to be enlarged on bail on merits as well as on parity.
The prayer for bail has vehemently been opposed by learned A.G.A.
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 merits as well as on parity.
In view of the above, let the applicant, Goldi be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 592 of 2018, under Sections 60/63 Excise Act and sections 420, 467, 468, 256, 257 and 258 I.P.C., P.S. Shikarpur, district-Bulandshahar with the following conditions :-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 30.7.2019 Faridul