Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19904 of 2018 Applicant :- Hemant Kumar Jaiswal @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.,Sheetal Pathak
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Surendra Mohan Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused- applicant Hemant Kumar Jaiswal @ Chhotu, who is involved in Case Crime No. 2803 of 2017, under Sections 379, 420, IPC & 66(C) I.T. Act, Police Station - Kotwali Bansi, District - Siddharth Nagar.
Learned counsel for the applicant contended that applicant was arrested on 16.11.2017 and police has falsely implicated him in eight cases. He has no criminal antecedents before this recovery. He further contended that similarly placed co-accused Raj Kumar Sharma @ Raju Nai, whose case is on equal footing to that of the present applicant, has been admitted to bail vide order of this Court passed in Criminal Misc. Bail Application No. 13959 of 2018 (Raj Kumar Sharma @ Raju Nai Vs. State of U.P.) dated 23.04.2018. Hence, the present applicant is also entitled to be admitted to bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he has admitted this fact that before this case, there was no criminal history of the applicant.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Hemant Kumar Jaiswal @ Chhotu be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed.
Order Date :- 28.5.2018 T. Sinha