Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34412 of 2019 Applicant :- Sanjay Parashar Alias Chunnu Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ahmed Faizan,Syed Farman Ahmad Naqvi(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Sri S.M.A. Abdy, Advocate has filed his Vakalatnama on behalf of the informant, is taken on record.
Heard Sri S.F.A. Naqvi, learned Senior Counsel assisted by Sri Sandeep Sharma, learned counsel for the applicant, learned counsel for the informant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 606 of 2017, under Sections 147, 149, 323, 384, 387, 452, 504, 506 I.P.C., P.S. Kotwali Hathras, District Hathras.
The contention of the learned counsel for the applicant is that he is quite innocent and has been falsely implicated in the present case. He further submitted that the F.I.R. was lodged in pursuance of an application moved under Section 156(3) Cr.P.C. and no injury has been received by complainant side. He further submitted that crminal history of the applicant has been eleborately explained in para Nos. 16, 17, 18 and 19 of the affidavit filed in support of the bail application. He further submitted that the co-accused Sanjay Gond having similar role, has already been enlarged on bail vide order dated 08.05.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application No. 15063 of 2019. Lastly, he submitted that the applicant is languishing in jail since 14.05.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Learned counsel for the informant has vehemently opposed the prayer of bail but could not dispute the factual submission made by learned counsel for the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant- Sanjay Parashar @ Chunnu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 Abhishek Singh