Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15292 of 2018 Applicant :- Neetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Chaubey Counsel for Opposite Party :- G.A.,Raj Kumar Kesari
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vivek Chaubey, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 505 of 2017 under Sections 370 I.P.C., Police Station Sarnath, District Varanasi, during the pendency of trial.
Learned counsel for the applicant contends that the applicants has been falsely implicated. He further submitted that co- accused Chandrakala and Virendra @ Karan have been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 49468 of 2017 and in Crl. Misc. Bail Application No. 22314 of 2018 respectively, whose role was identical to the role of present accused-applicant, therefore, parity is claimed. The applicant is in jail since 15.10.2017. If he is released on bail, he would not misuse the liberty.
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the prayer for bail and has stated that there is no absolute parity in the matter. The role of the present accused-applicant is that she has sold the daughter of informant for an amount of Rs. 2,50,000/- for the purpose of trafficking through middlemen which consisted of two accused namely Chandrakala and Virendra @ Karan and the present accused- applicant.
In view of above arguments, looking to the fact that since the similarly placed co-accused namely Chandrakala and Virendra @ Karan have been granted bail and the applicant is in jail since 15.10.2017, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Neetu involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.10.2018 A.P. Pandey