Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that co-accused ? Sonu @ Yogesh has already been granted bail by another Bench of this Court vide order dated 25.05.2016, passed in Criminal Misc. Bail Application No. 17407 of 2016 (Sonu @ Yogesh Vs. State of U.P.). Copy of the bail order is annexed as Annexure no. 7 to the affidavit accompanying the bail application. It is also submitted that case of the applicant is also on lesser footing. It is also submitted that criminal history has already been explained in paragraph no. 13 of this bail application. F.I.R was unnamed, certain recovery were made from possession of co-accused ? Mukesh and Sonu @ Yogesh and then accused-applicant was taken into police remand and Rs.1,50,000/- is said to have been made from the house of the accused-applicant. It is also submitted by learned counsel for the accused-applicant that the money was there for marriages of his sister.
It is next contended that the applicant is in jail since 09.03.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A for the State has opposed the prayer for bail but could not dispute the aforesaid facts.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.
Let the applicant ? Jhhunna Pandit alias Shiv Narayan involved in Case Crime No. 02 of 2016, under Sections 395 & 397 of I.P.C, Police Station ? Khandauli, District ? Agra, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 12.07.2016.
Vinod.