Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15692 of 2018 Applicant :- Sandeep Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Ray Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The present bail application has been moved for enlarging the applicant Sandeep Kumar on bail in Case Crime No. 153 of 2015, under Sections 409, 419, 420, 467, 468, 471 I.P.C., PS-Kotwali, District-Ballia.
Learned counsel for the applicant contended that applicant was not named in the F.I.R. and he has been falsely implicated in the present case. It is next contended that main role for committing the present offence is of co- accused Azad Quraishi and Anil Kumar. It is next contended that named accused Azad Quraishi and other co-accused Hetram Meena, Sachin Tomar, Anil Kumar and Deena Nath Ram have already been granted bail vide orders dated 09.01.2017, 07.10.2016, 21.10.2016, 22.02.2017 and 12.01.2018 passed in Criminal Misc. Bail Application No. 16206 of 2016, 34590 of 2016, 35653 of 2016, 3416 of 2017 and 39798 of 2017 respectively by this Court. Hence, the applicant is also entitled for bail on the ground of parity. It is lastly submitted that the applicant is in jail since 16.03.2018 and the applicant has no any criminal antecedents except the present one.
On the other hand learned A.G.A. has opposed the prayer for grant of bail to the applicant. However, he admitted that co-accused Azad Quraishi, Hetram Meena, Sachin Tomar, Anil Kumar and Deena Nath Ram have already been granted bail by this Court and applicant/accused has no previous criminal history.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Sandeep Kumar be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the investigation in the trial and shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the court.
In case of default, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
Order Date :- 27.4.2018 AKT