Sri Chandra Bhushan Prasad, Advocate has put in appearance on behalf of the informant and filed his Vakalatnama, which is taken on record.
Heard Sri Mohd. Akbar Shah Alam Khan, learned Counsel for the applicant,Sri Chandra Bhushan Prasad, learned Counsel for the informant, learned A.G.A for the State and perused the record.
It is submitted by learned Counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is also submitted that the applicant is not named in the First Information Report. It is further submitted that co-accused Mohit Tyagi who is named in the FIR has been granted bail by a Co-ordinate Bench of this Court vide order dated 5.1.2021 passed in Criminal Misc. Bail Application No.49096 of 2020. Co-accused Sagar @ Base was also granted bail vide order dated 7.1.2021 passed in Criminal Misc. Bail Application No.391 of 2021; both the bail orders have been produced, which are taken on record. The role assigned to the applicant is identical to the co-accused, who was granted bail by this Court, as such the applicant is also entitled for bail on the ground of parity. It is further submitted that the applicant has not committed any offence as alleged in the FIR and it is case of false implication. The applicant has no criminal history. Lastly, it is submitted that the applicant is in Jail since 28.10.2020 and if he is released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail. However, he does not dispute the aforesaid fact.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant-Hariom @ Money be released on bail in Case Crime No.380 of 2020 under Sections 147, 148, 149, 307, 323, 324 and 452 I.P.C., registered at P.S. Civil Lines, District Muzaffar Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the 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 applicant to prison.
Order Date :- 11.1.2021 S. Singh