Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35738 of 2020 Applicant :- Manoj Kumar Thakur Opposite Party :- State of U.P.
Counsel for Applicant :- Yashpal Yadav, ,Syed Imran Ibrahim Counsel for Opposite Party :- G.A.,Kundan Rai
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A and gone through the record.
This Second bail application has been moved on behalf of accused- applicant- Manoj Kumar Thakur, who is involved in Case Crime No. 943 of 2019 under Sections 420, 467, 468, 471, 406 of IPC, Police Station, Phase-III, Noida, district Gautam Budh Nagar.
The first bail application was rejected by this Court in Cr. Misc. Bail Application No. 48782 of 2019 vide order dated 25.02.2020.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
It is contended by learned counsel for the applicant that co-accused Animesh Kumar and Sanjay Kumar Thakur have already been granted bail by co-ordinate Benches of this Court in Cr. Misc. Bail Application No. 18382 of 2020 and Cr. Misc. Bail Application No. 23538 of 2020 vide order dated 7.7.2020 and 31.8.2020 respectively and the case of the applicant is on similar footings. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A and learned counsel for the complainant has opposed the prayer for bail and submits that parity cannot be the sole ground for granting bail; that the bail rejection order is self speaking and the role of the present applicant is distinguishable from other co-accused and the applicant cannot claim parity to the accused persons, who were on bail.
After hearing the parties and perusing the averments as contained in the present bail application and also looking to the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out.
Accordingly, the second bail application is rejected. Order Date :- 27.7.2021 Fhd.