Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40878 of 2019 Applicant :- Nuroo Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant has been falsely implicated in this case; that applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 12.7.2018.
It is further submitted that co accused Neeraj has already been enlarged on bail vide order dated 30.5.2019 passed in Criminal Misc Bail Application No. 22466 of 2019. He submits that applicant is also entitled to bail on the ground of parity.
Learned A.G.A. opposed the prayer of bail. He submits that the investigation is now complete and the charge sheet has been filed.
Considering the facts and circumstances of the case, the complicity of accused, severity of punishment; grant of bail to co-accused and the fact that there is bleak prospect of the trial being concluded in near future, it would not be appropriate to keep the accused applicant in jail till conclusion of the trial. Therefore, without prejudice to the merits of the case, I am of the opinion that a fit case for bail is made out.
Let the applicant Nuroo be released on bail in Case Crime No. 199 of 2018, under Sections 411, 413, 414 IPC and Section 41/102 Cr.P.C., P.S. Kiratpur, District Bijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 the orders of 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 activities.
(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 :- 30.9.2019 RavindraKSingh