Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52917 of 2019 Applicant :- Sanjay Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State and perused the materials placed on record.
By means of this application, the applicant Sanjay Pandey, who is involved in Case Crime No. 84 of 2019, under sections 420, 467, 468, 471, 506, 120-B and 34 IPC and section 18, 19 and 20 of Transplantation of Human Organs Act, 1994, police station Barra, district Kanpur Nagar, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the co-accused T. Raj Kumar Rao alias Raju Rao, Gaurav Mishra, Shailesh Saxena, Mohd. Saboor Ahmad, Shamshad Ali, Raja alias Mohd. Umar, Dr. Dipak Shukla, Dr. Bhupendra Nath Singh have already been enlarged on bail by coordinate Bench of this Court vide orders dated 14.05.2019, 29.05.2019, 14.06.2019, 03.07.2019, 18.06.2019, 07.08.2019, 03.07.2019, 01.08.2019 in Criminal Misc. Bail Application No. 20082 of 2019, 22630 of 2019, 23343 of 2019, 23730 of 2019, 24453 of 2019, 31963 of 2019, 26322 of 2019 and 30923 of 2019 respectively. He further submitted that since the role of the applicant is identical to that of the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant further submits that the applicant is languishing in jail since 03.08.2019.
The prayer for bail has vehemently been opposed by learned Additional Government Advocate. However, he does not dispute the fact that the similarly placed aforesaid co-accused has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned Additional Government Advocate and the fact that identically placed aforesaid co-accused have already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
In view of the above, let the applicant Sanjay Pandey, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 29.11.2019 Sazia