In Chamber
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32844 of 2017 Applicant :- Jabbu Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvendra Singh,Ajay Kumar Counsel for Opposite Party :- G.A.,Raj Karan Patel
Hon'ble Krishna Singh,J.
Counter affidavit filed today is accepted and taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This is an application for bail moved on behalf of the applicant Jabbu who is involved in Case Crime No. 46 of 1999 under Sections 420/468/471/506 I.P.C., Police Station Kurra, District Mainpuri.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated in the present case by the informant. It is further contended that the co-accused Ram Sharan and Ishwari Singh having similar role have been granted bail by this Court, vide orders dated 12.6.2015 and 4.1.2018 passed in criminal misc. bail application nos. 21268 of 2015 and 40808 of 2017 respectively, hence the applicant is also entitled for bail on the ground of parity. It is lastly submitted that if the applicant is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail. However, he does not dispute the fact that similarly placed co-accused Ram Sharan and Ishwari Sing have been granted bail by this Court.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released on bail on the ground of parity.
Let the applicant Jabbu who is involved in Case Crime No.46 of 1999 under Sections 420/468/471/506 I.P.C., Police Station Kurra, District Mainpuri be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned on the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witnesses.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.2.2018 Shekhar