Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44949 of 2020 Applicant :- Pawan Kumar @ Pappu Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This is second bail application. The first being Criminal Misc. Bail Application No. 21083 of 2020 was rejected by me vide order dated 21.10.2020, as not pressed.
This application has been filed by the applicant seeking bail in Case Crime No. 101 of 2020, under Section 304 IPC, Police Station Sadar Bazar, District Agra, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that similarly placed co-accused Praveen Kumar and Bhola @ Suraj Kumar have already been granted bail by co- ordinate Bench of this Court in Criminal Misc. Bail Application No. 39868 of 2020 vide order dated 03.12.2020 and case of the applicant stands on the same footing as that of the co-accused, who have already been granted bail by this Court.
Learned counsel for the applicant has next submitted that the applicant is in jail since 06.03.2020 and has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he may be released on bail.
Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that similarly placed co-accused has already been granted bail by this Court and that the applicant is in jail since 06.03.2020 and has no criminal history to his credit.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of counsel for the parties and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Pawan Kumar @ Pappu be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The bail application is accordingly allowed. Order Date :- 6.1.2021 NA