Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40948 of 2021 Applicant :- Gurmeet @ Meet And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants seeking enlargement on bail during trial in connection with Case Crime No. 262 of 2021 under Sections 420, 467, 468, 471, 272, 273 I.P.C. and Sections 60 and 60 (Ka) of U.P. Excise Duty/Excise Act registered at P.S.- Fatehabad, District- Agra.
Submission of learned counsel for the applicant is that applicants are innocent and have been falsely implicated in this case. They have not committed the alleged offence. Co-accused, Pradeep @ Tinga has been granted bail by coordinate Bench of this Court in Crl. Misc. Bail Application No. 36548 of 2021 on 26.11.2021 and applicants have claimed parity with the co- accused who has been granted bail. Further submitted that the applicants are languishing in jail since 11.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail but conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
In view of the above, without commenting upon merits of the case, a case for bail is made out on the ground of parity.
Accordingly, the bail application is allowed.
Let the applicants, Gurmeet @ Meet and Deepak involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021/A. Mandhani