Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20117 of 2018 Applicant :- Raju Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Subhash Chandra Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant is not named in the F.I.R., he has been implicated subsequently on the basis of his confessional statement made before the police. It is further submitted that a false recovery has been shown against the applicant to show his complicity in the offence. It is further submitted that co-accused Prashant Mittal, having similar role has been granted bail by another Bench of this Court vide order dated 18.05.2018 in Criminal Misc. Bail Application No. 11869 of 2018 and applicant is also entitled to bail on the ground of parity. It is further submitted that applicant who is languishing in jail since 18.01.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that recovery of mobile phone allegedly used in the offence has been made from the applicant.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against applicant and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Raju Kumar be released on bail in Case Crime No. 46 of 2018, under Sections 384, 506 I.P.C. and 67/72 I.T. Act, P.S. Firozabad North, District Firozabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, 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.
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 :- 30.5.2018 /Bhanu