Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19981 of 2018 Applicant :- Hemant Kumar Jaiswal @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra,Sheetal Pathak Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard 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. 2426 of 2017, under Sections 419, 420, IPC and 66(C) I.T. Act, Police Station - Kotwali Bansi, District - Siddharth Nagar.
As per prosecution version, on 26.7.2017 some unknown persons have withdrawn Rs.37,000/- from the A.T.M. of informant Ram Surat by exchanging his A.T.M. Card.
Learned counsel for the applicant contended that the applicant is not named in the FIR. He has been made accused in this case only on the basis of confessional statement before the police. There is no other evidence against the applicant. Learned counsel for the applicant further contended that on the basis of arrest on 16.11.2017, applicant has been made accused in six other cases. 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. 13952 of 2018 (Raj Kumar Sharma @ Raju Nai v. 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 and has contended that applicant has criminal history of seven cases.
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