Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52570 of 2019 Applicant :- Hemant @ Sonu Bajpayi Opposite Party :- State of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State and perused the materials placed on record.
By means of this application, the applicant Hemant alias Sonu Bajpayi, who is involved in Case Crime No. 1174 of 2018, under sections 420, 406, 504, 506 and 411 IPC, police station Kotwali Lalitpur, district Lalitpur, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the co-accused Abhishek Bajpai, has already been enlarged on bail by coordinate Bench of this Court vide order dated 23.09.2019 in Criminal Misc. Bail Application No. 37808 of 2019. He further submitted that since the role of the applicant is identical to that of the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is languishing in jail since 08.07.2019.
Learned counsel for the applicant also submits that the applicant is ready to deposit an amount of Rs. 1,00,000/-(rupees one lac) before the trial court under protest.
The prayer for bail has vehemently been opposed by learned Additional Government Advocate. However, he does not dispute the fact that the similarly placed aforesaid co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned Additional Government Advocate and the fact that identically placed co-accused Abhishek Bajpayi has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Hemant alias Sonu Bajpayi, be released on bail in the aforesaid case crime number subject to deposit of Rs. 1,00,000/- (rupees one lac) by way of demand draft in the name of trial court and on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The aforesaid amount so deposited by the applicant shall be invested in fixed deposit scheme in a nationalized bank and shall be renewed from time to time till the completion of trial. The deposit so made, shall be subject to final decision of the trial.
2. The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
3. The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
4. The applicant will not indulge in any unlawful activities.
5. 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 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 28.11.2019 Sazia