Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 323 of 2020, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, P.S. Chhajlet, District Moradabad.
Counsel for the applicant argues that four of the co-accused namely Abhishek, Ajendra @ Guddu, Dhirendra @ Seenu and Ravindra @ Pintu have been enlarged on bail, two copy of the bail orders have been filed as Annexure-9 to the bail application and two copy of the bail orders have been produced. He has drawn my attention to the FIR, which does not have any specific role to the applicant. The applicant is languishing in jail since 25.11.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as the fact that the co-accused have been enlarged on bail and there is nothing on record to demonstrate that if the applicant is enlarged on bail would affect the trial adversely as well as considering the ratio of judgment of Hon'ble Supreme Court in the case of Data Ram Singh Vs. State of U.P. and Others, 2018 (3) SCC 32, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail on the ground of parity.
Let the applicant Mayank Chaudhary @ Manu involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 28.1.2021 S. Rahman