Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40452 of 2019 Applicant :- Pawan Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Ram (Rawat),Indra Deo Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 286 of 2017, under Sections 420, 467, 468, 471 and 406 I.P.C., P.S. Sadar, district-Agra and is in jail since 11.8.2019, is seeking enlargement on bail during the trial.
The allegation as per FIR, is that on the persuasion of getting more interest and making the amount double in five years, the informant and his sister- in-law paid some money to the accused who introduced himself to be in service of Thriven Life Insurance Company. The money paid by the applicant and his sister-in-law could not be retrieved even after its maturity period.
It is submitted by learned counsel for the applicant that similarly placed co-accused Dr. Ramjan has already been enlarged on bail by another Bench of this Court vide order dated 11.10.2017 passed in Criminal Misc. Bail Application No. 28310 of 2017, copy whereof has been filed as Annexure-10 to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of co-accused Dr. Ramjan who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
in the aforementioned case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 27.9.2019 Faridul