Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51423 of 2021 Applicant :- Hemraj @ Moosh Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Singh,Navin Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Hemraj @ Moosh seeking enlargement on bail during trial in connection with Case Crime No. 76 of 2021, under Sections 392, 323, 506/34 I.P.C. P.S.- Badausa, District- Banda.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated. Applicant has not committed the alleged offences. After conclusion of investigation, investigating officer has submitted charge sheet in the matter. One day delay in lodging the FIR, has not been explained. Nothing has been recovered from the possession of the applicant. He further submitted that co-accused Bauwa @ Jaggi Songar has already been granted bail by this Bench of this Court in Criminal Misc. Bail Application No. 50497 of 2021, vide order dated 19.11.2021 and claimed parity. He next submitted that the applicant is languishing in jail since 10.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
In view the above on the ground of parity a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Hemraj @ Moosh involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 v.k.updh.