Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7286 of 2020 Applicant :- Hansu Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Prakash,Chandra Bhan Dubey,Neelam Pandey,Umesh Kumar Counsel for Opposite Party :- G.A.,Apul Misra
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.904 of 2018, under Section 302 I.P.C., P.S. Jewar, District- Gautam Budh Nagar , is seeking enlargement on bail during the trial.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is also submitted that the co-accused Anil having identical role has already been granted bail by this Court vide order dated 19.02.2021 passed in Criminal Misc. Bail Application No.35826 of 2020, therefore, the applicant is also entitled to be released on bail on the ground of parity. No weapon has been recovered from the possession of the applicant.
He lastly submitted that the applicant, who is in jail since 31.08.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Learned Additional Government Advocate appearing on behalf of the State-respondent has vehemently opposed the bail application but conceded on the point of parity.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Hansu 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 subject to 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.8.2021 Asha