Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29922 of 2019 Applicant :- Hem Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Hans Nath Pandey,Ghanshyam Das Mishra 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. 346 of 2019, under Sections 395, 412, 427, 34 I.P.C., P.S. Sikandara, District Agra and is in jail since 28.05.2019, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that nothing has been recovered from the possession of the applicant and the applicant has been falsely implicated in the present case. There is no public witness nor any independent witness of the said recovery. It is submitted by learned counsel for the applicant that similarly placed co-accused Mahendra has already been enlarged on bail by this Court vide order dated 13.8.2019 passed in Criminal Misc. Bail Application No. 32419 of 2018, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Mahendra who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A. However, the factual aspect of the matter has not been disputed by him.
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 the ground of parity.
In view of the above, let the applicant- Hem Singh involved in the aforesaid crime 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 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 :- 26.9.2019 SFH