Heard Shri Kanhaiyalal Bind, learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that identically placed co-accused Rohit Gupta, Deepak Gupta and Suresh Gautam have been granted bail by another Bench of this Court vide orders dated 17.12.2020 and 18.12.2020 passed in Criminal Misc. Bail Application Nos. 45540 of 2020, 45781 of 2020 and 46842 of 2020 respectively. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. All the criminal cases shown as criminal history have been duly explained through affidavit. He is languishing in jail since 28.09.2020.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused have already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Khichru Bind involved in Case Crime No. 247 of 2020, under Section 307 IPC, P.S. Khutahan, District Jaunpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) 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 temper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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.
Order Date :- 12.2.2021 Sanjeet