Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35537 of 2021 Applicant :- Rinku Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard 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 seeking enlargement on bail during trial in connection with Case Crime No. 262 of 2021 under Section 60/60 (Ka) of Excise Act and Sections 272, 273, 420, 467, 468 and 471 I.P.C. registered at P.S.- Fatehabad, District- Agra Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Co- accused, Sahil, Pradeep @ Tinga and Sanjay Nishad have been granted bail by coordinate Benches of this Court in Crl. Misc. Bail Application Nos. 41120 of 2021, 36548 of 2021 and 38341 of 2021 on 8.11.2021, 26.11.2021 and 1.12.2021 respectively and applicant claimed parity with the co-accused who have already been granted bail. Further submitted that the applicant is languishing in jail since 16.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
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 the accused and all other attending circumstances were duly considered.
In view of the above, without commenting upon merits of the case, a case for bail is made out on the ground of parity.
Accordingly, the bail application is allowed.
Let the applicant Rinku 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 :- 20.12.2021 A. Mandhani