Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52497 of 2019 Applicant :- Pradeep Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Ms Alpana Singha, learned counsel appearing for State and perused the record of the case.
Learned counsel for the applicant submitted that neither the applicant was named in the first information report nor he has committed any offence. No incriminating article or material has been recovered either from the applicant or on his pointing out. The recovery which has been shown from the applicant's possession was a joint recovery. There is no public witness of the alleged recovery. No proper identification parade was conducted. He lastly submitted that the applicant is languishing in jail since 17.5.2019 Further submission is that co accused Dharmendra Singh and Pankaj Kumar have been granted bail by this court by order dated 16.09.2019 and 23.10.2019 passed in Criminal Misc Bail Application No. 36071 and 27713 of 2019 and hence the accused is entitled to bail on the ground of parity.
Learned AGA does not dispute the aforesaid fact.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Pradeep Kumar be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 109 of 2019, under Sections 392, 411, 427 IPC, P.S. Dauki, District Agra 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019/RavindraKSingh