Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32843 of 2021 Applicant :- Neetu Opposite Party :- State of U.P.
Counsel for Applicant :- Abhitosh Mishra,Pushpendra Singh Counsel for Opposite Party :- G.A.,Yogendra Singh Bohra
Hon'ble Ajit Singh,J.
Heard over bail application moved by applicant, Neetu, in Case Crime No. 475 of 2021, under Sections- 147, 148, 323, 452, 304, 436 I.P.C., Police Station- Jahangirabad, District- Bulandshahr.
The report of the alleged incident was lodged by complainant Smt. Kunti Devi and in the FIR as many as sixteen accused persons were nominated. The present applicant is one out of them. The accused persons have been levelled with the allegations of committing mar-pit with lathi-danda and sharp edged weapons.
Learned counsel for the applicant argued that the accused-applicant is innocent; he has been falsely implicated in this very case and is languishing in jail since 23.6.2021. It is further argued that co-accused Vijay Pal and Chattarpal who were assigned similar role as was assigned to the present accused, have already been granted bail, one by another coordinate bench and next one by this Court, the copies of those bail orders are taken on record.
Learned AGA has vehemently opposed the prayer for bail, but he does not dispute the plea of bail parity with co-accused.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction, considering the ground of parity and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let applicant, Neetu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 23.12.2021 LBY