Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48532 of 2021 Applicant :- Pappu @ Indrajeet Opposite Party :- State of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, 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 applicant seeking enlargement on bail during trial in connection with Case Crime No. 367 of 2020, under Section 308, 323, 504 of I.P.C. registered at P.S.- Dibai, District- Bulandshahar.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Applicant has not committed the alleged offence. Initially the case was registered as NCR under Section 323 & 504 of I.P.C. and later on the case was converted under Section 308 of I.P.C. Further submitted that general allegations have been levelled against all the accused persons. No specific role has been assigned to the applicant. Further submitted that the co-accused Ankur and Kaku @ Aman have been granted bail by Co- ordinate Bench of this Court in Criminal Misc. Bail Application No. 48434 of 2021 and claimed parity. The applicant is languishing in jail since 28.09.2021.
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 applicant Pappu @ Indrajeet involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant 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, he 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 :- 22.12.2021 VPS