Court No. - 1
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39801 of 2018 Applicant :- Munna Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Sanjeev Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Sanjeev Kumar, learned counsel for the applicant, Ms. Archana Singh, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that co-accused Bhola Ansari @ Babudeen Ansari has been granted bail by a Co-ordinate Bench of this Court on 08.05.2019 in Criminal Misc. Bail Application No. 38146 of 2018 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 14.07.2018.
Learned A.G.A. opposed the prayer for bail.
Bail order of aforesaid co-accused has been produced by the learned counsel for the applicant. The same is taken on record.
From perusal of the aforesaid order dated 08.05.2019 granting bail to co- accused Bhola Ansari @ Babudeen Ansari, it transpires that some explanation was submitted by the said co-accused with respect to the recovery and so far as the applicant is concerned, he has failed to explain the said recovery.
Taking into account the recovery of looted amount which is to the tune of Rs. 80,000/- from the applicant for which there appears to be no explanation given in the bail application except a vague averment in para 13 of the affidavit filed in support thereof wherein it is stated that the said recovery is false and implicated one, in my opinion, without expressing any opinion on merits of the case, I find no good ground for grant of bail to the applicant Munna Yadav involved in Case Crime No. 107 of 2018 under Sections 394, 307, 411 IPC, Police station Bankata, District Deoria.
Accordingly, the bail application is rejected. Order Date :- 29.5.2019 Madhurima