Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25935 of 2021 Applicant :- Kapil Opposite Party :- State of U.P.
Counsel for Applicant :- Vikash Chandra Tiwari
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Kapil, who is involved in Case Crime No. 89 of 2021, under sections 302, 120-B IPC, police station Modinagar, district Ghaziabad, seeks enlargement on bail during the pendency of trial.
Learned counsel for the applicant submitted that the co-accused Krishna Kumar has already been enlarged on bail by coordinate Bench of this Court vide order dated 28.06.2021 in Criminal Misc. Bail Application No. 22606 of 2021. 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, therefore the applicant is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant also submits that the applicant has no criminal history to his credit and is languishing in jail since 29.01.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant, but does not dispute that similarly placed co-accused Krishna Kumar has already been granted bail by co-ordinate Bench of this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that similarly placed co-accused Krishna Kumar has already been granted bail by co-ordinate Bench of this Court, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Kapil, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
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. 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 :- 12.8.2021 Sazia Digitally signed by Justice Sanjay Kumar Singh Date: 2021.08.12 14:37:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad