Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56976 of 2019 Applicant :- Lalit Kumar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shushil Kumar,Harish Chandra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate representing the State and perused the materials placed on record.
By means of this application, the applicants, who are involved in Case Crime No. 2096 of 2019, under Sections 420, 467, 468, 471 and 406 IPC, police station Sahibabad, district Ghaziabad, are seeking enlargement on bail during the trial.
Learned counsel for the applicants submitted that the co- accused Deepak Aorora has already been enlarged on bail by this Court vide order dated 11.12.2019 passed in Criminal Misc. Bail Application No. 55124 of 2019. He further submitted that since the role of the applicants is identical to that of the co- accused, who has already been enlarged on bail, therefore, the applicants are also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicants further submits that the applicants are languishing in jail since 30.9.2019.
The prayer for bail has vehemently been opposed by learned Additional Government Advocate. However, he does not dispute the fact that the similarly placed aforesaid co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicants as well as learned Additional Government Advocate and the fact that identically placed co-accused Deepak Arora has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicants on bail.
In view of the above, let the applicants Lalit Kumar and Neeraj Chhabda be released on bail in the aforesaid case on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
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. It is further clarified that 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 :- 19.12.2019 Sumaira