Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52167 of 2019 Applicant :- Minkal Opposite Party :- State of U.P.
Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- G.A
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mr Jai Prakash Gupta, learned counsel appearing for State and perused the record of the case.
Submission is that co accused Vipin and Manish have already been granted bail by this Court vide orders dated 13.11.2019 and 16.11.2019 passed in Criminal Misc Bail Application Nos. 47998 of 2019 and 49609 of 2019 respectively. The applicant is in jail since 30.09.2019.
Learned counsel for the State does not dispute the aforesaid fact and has contended that the role assigned to the present applicant is almost similar to that of co accused person who has already been enlarged on bail by this court.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case, the applicant deserves to be admitted to bail on the ground of parity.
Let the applicant Minkal be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 2096 of 2019, under Sections 420, 467, 468, 471, 406 IPC,P.S. Sahibabad, District Ghaziabad subject to 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 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 applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 27.11.2019 RavindraKSingh