Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46293 of 2017 Applicant :- Ram Nivas Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Anita Singh,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 1074 of 2017, under Sections 386, 420, 507 and 120B IPC, Police Station - North, District - Firozabad, with the prayer to enlarge him on bail.
It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the matter and mobile number from which threat is being extended does not belong to the applicant rather it belongs to one Hari Krishna. It is also submitted by the learned counsel that the applicant is having no previous criminal history. The contention raised by the learned counsel for the applicant is that the similarly placed co-accused Shailendra @ Shailendra Kumar, Robin and Lavi Kishor have already been enlarged on bail by this Court vide orders dated 30.10.2017, 31.10.2017 and 6.11.2017 passed in Criminal Misc.
Bail Application Nos. 41329 of 2017, 41590 of 2017 and 42871 of 2017, copies of which have been annexed as Annexures 5, 6 & 7. He further submits that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 25.9.2017.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and considering the complicity of the accused applicant in the present case and seeing the fact that identically placed co-accused have already been enlarged on bail, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant Ram Nivas Yadav involved in Case Crime No. 1074 of 2017, under Sections 386, 420, 507 and 120B IPC, Police Station - North, District - Firozabad, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2017 Ranjeet Sahu