Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49832 of 2021 Applicant :- Panna Lal And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants seeking enlargement on bail during trial in connection with Case Crime No. 175 of 2021, under Section 395, 397, 506, 412/34 I.P.C. registered at P.S.- Devgaon, District- Azamgarh.
Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case. Applicants have not committed the alleged offence. Looted DIGI Tracking Machine has not been recovered from the possession of the applicants. The alleged looted machine has been recovered from the possession of co-accused Harendra. Further submitted that co-accused Anurag Singh has been granted bail by this Court vide order dated 21.12.2021 in Criminal Misc. Bail Application No. 45919 of 2021 and claimed parity. The applicants are languishing in jail since 23.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
In view of the above, on the ground of parity, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants Panna Lal, Rahul Raidas and Pradeep Kumar Raidas involved in the aforesaid case crime, be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 VPS