Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24960 of 2019 Applicant :- Nilesh Yadav @ Mota Opposite Party :- State Of U.P.
Counsel for Applicant :- Atharva Dixit,Manu Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Nilesh Yadav @ Mota, who is involved in Case Crime No. 452 of 2018, under Sections 307, 411, 467, 468, 471 I.P.C. and 10/12 Dacoity Affected Area, Police Station- Jaswantnagar, District- Etawah.
Learned counsel for the applicant has contended that the applicant along with the two co-accused has been falsely implicated in the present case. So far as the allegation with regard to attempt to murder was concerned, learned Counsel for the applicant submits that there was no injury whatsoever. Further, learned counsel for the applicant has explained the criminal history with regard to the applicant. He has submitted that it was because of his involvement in the earlier criminal cases that the applicant had been once again implicated. The co-accused Shishupal Singh @ Gudda and Vikas @ Ravi were granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos.24048 & 1008 both of the year 2019 on 12.06.2019 and 13.02.2019, respectively, hence, the applicant is also entitled for bail. It is lastly submitted that the applicant is in jail since 01.11.2018 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 has 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, Nilesh Yadav @ Mota, be released on bail in Case Crime No. 452 of 2018, under Sections 307, 411, 467, 468, 471 I.P.C. and 10/12 Dacoity Affected Area, Police Station- Jaswantnagar, District- Etawah 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