Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24962 of 2019 Applicant :- Neeraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Kumar Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant, Shri Gauri Shankar Yadav, learned counsel for the Electricity Board as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Neeraj, who is involved in Case Crime No. 300 of 2018, under Sections 420, 467, 468, 471, 411, 201, 120B of I.P.C. read with Section 136, 137 of Indian Electricity Act, Police Station- Panki, District- Kanpur Nagar.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the applicant was not named in the First Information Report and co-accused persons, namely, Ashok Kumar Rajpoot, Brahamdev Chaubey, Rajkumar Shukla and Prem Babu Gupta from whom the recovery was made, and were named in the F.I.R. have been granted bail by this Court, vide orders dated 04.10.2018, 30.08.2018, 20.08.2018 and 06.09.2018 passed in Criminal Misc. Bail Application Nos. 38123 of 2018, 33026 of 2018, 31520 of 2018 and 34017 of 2018 respectively, hence, the applicant is also entitled for bail. It is lastly submitted that the applicant has no other criminal history and is in jail since 10.05.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail, However, he does not dispute the fact that similarly placed co- accused have been granted bail by this Court.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released on bail on the ground of parity.
Let the applicant, Neeraj, be released on bail in Case Crime No. 300 of 2018, under Sections 420, 467, 468, 471, 411, 201, 120B of I.P.C. read with Section 136, 137 of Indian Electricity Act, Police Station- Panki, District- Kanpur Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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 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 :- 24.6.2019 Ram Murti