Heard Sri Kumar Dhananjay, learned counsel holding brief of Sri Rajesh Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in this case. As per F.I.R., five motorcycles were recovered from the joint possession of applicant and other co-accused. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown by the police. There is no public witness of the alleged recovery. Co-accused Pallav Mishra has already been granted bail by coordinate Bench of this Court vide order dated 09.11.2020 passed in Criminal Misc. Bail Application No.37454 of 2020 (copy of bail order has been annexed as Annexure-4 to the bail application). It is further submitted that the case of applicant is at par with co-accused Pallav Mishra, who has already been granted bail, as such the applicant is also entitled for bail on the ground of parity. Criminal history of the applicant has been explained in paragraphs-9 to 12 of the affidavit. It is further submitted that there is no chance of him fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is in jail since 24.08.2020 and if released on bail, will not misuse the liberty of bail.
On the other hand, learned AGA for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.
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- Mohd. Vaishya Ansari be released on bail in Case Crime No.0205 of 2020, under Sections 411, 414 I.P.C., Police Station- Bhadohi, District Bhadohi 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 :- 4.2.2021 Radhika