Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30261 of 2019 Applicant :- Prashant Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh 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. 2477 of 2018, under Sections 498A, 489B, 489C, 489D, 489E, 420, 467, 468 and 471 I.P.C., P.S.
Kavinagar, district-Ghaziabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant was arrested along with other two co-accused persons and from his pocket twelve counterfeit currency notes of Rs. 100 were found. He next submitted that the notes were found from the pocket of the applicant and it is evident from the FIR itself that he was not trying to circulate the currency notes. The only offence which has been committed by the applicant is of Section 489C I.P.C., which is a bailable offence. He next submitted that similarly placed co-accused Sunil @ Lefery has already been enlarged on bail by this Court by order dated 26.7.2019 passed in Criminal Misc. Bail Application No. 30086 of 2019, copy of the bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Sunil @ Lefery who has already been enlarged on bail, he is also entitled to be enlarged on bail on merits as well as on parity.
The prayer for bail has vehemently been opposed by learned A.G.A. However, he has not disputed the fact that similarly placed co-accused has been granted bail.
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 view of the above, let the applicant, Prashant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 2477 of 2018, under Sections 498A, 489B, 489C, 489D, 489E, 420, 467, 468 and 471 I.P.C., P.S. Kavinagar, district-Ghaziabad with 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. He will not tamper with the witnesses.
3. He 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.
Order Date :- 30.7.2019 Faridul