Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44395 of 2021 Applicant :- Raju Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Singh,Anjeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard Sri Biswajit Mukherjee, Advocate holding brief of Sri Anjeet Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Raju seeking enlargement on bail during trial in connection with Case Crime No. 71 of 2021, under Section 272 I.P.C. and 60(2) Excie Act, P.S. Thariyaon , District-Fatehpur.
Submission of learned counsel for the applicant-Raju is that applicant was not arrested on the spot. The name of the applicant surfaced in the confessional statement of co-accused Rajaram. He further submitted that co-accused Girja Shankar has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 34934 of 2021 (Girja Shankar Vs. State) and claimed parity. He next submitted that the applicant is languishing in jail since 01.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
In view the above on the ground of parity a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Raju involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 24.12.2021 SA