Heard Sri Akhilesh Srivastava, learned counsel for the applicant, learned AGA for the State and perused the material on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the F.I.R.. Nothing has been recovered from the possession of applicant and it is a case of false implication of the applicant. Sixteen persons were arrested and seven vehicles were recovered from the joint possession of co-accused persons. Co-accused Arif, Anup Kumar, Anil and Vijendra @ Pappu have been granted bail by co-ordinate Benches of this Court vide orders dated 10.11.2020, 18.12.2020, 15.12.2020 and 7.1.2021 passed in Criminal Misc. Bail Application Nos.39034 of 2020, 45171 of 2020, 44918 of 2020 and 48348 of 2020, copies of bail orders have been annexed as Annexures-7 & 8 to the affidavit filed in support of bail application. The case of applicant is at par with other co-accused who have already been granted bail and as such the applicant is also entitled for bail on the ground of parity. The applicant has explained his criminal history in paras 10, 15 & 16 of the affidavit. There is no possibility of applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly submitted that the applicant is in jail since 27.8.2020 and if released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant- Lavish alias Sheru be released on bail in Case Crime No.743 of 2020, under Sections 411, 413, 420, 467, 468, 471, 34 IPC, registered at P.S. Quarsi, District Aligarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the 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 applicant to prison.
Order Date :- 3.2.2021 Kpy