Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24699 of 2019 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Rahul, who is involved in Case Crime No. 333 of 2017, under Sections 323, 308, 506 of I.P.C., Police Station-Simbhawali, District-Hapur.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. The contention of learned counsel for the applicant is that the N.C.R. which was lodged against the applicant was a result of the proceedings which were undertaken by the applicant and his brothers who had also lodged N.C.R. against the informant on the very same date. The co-accused Saurabh has been released on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.24463 of 2019 on 18.06.2019, hence, the applicant is also entitled for bail. It is lastly submitted that the applicant has no other criminal history and is in jail since 22.05.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail. However, he does not dispute the fact that co-accused has been granted bail by this Court.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released on bail on the ground of parity.
Let the applicant, Rahul, be released on bail in Case Crime No. 333 of 2017, under Sections 323, 308, 506 of I.P.C., Police Station-Simbhawali, District-Hapur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the 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 by the orders of the 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 activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 Ram Murti