Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19724 of 2021 Applicant :- Sanjay Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Bahadur,Anil Kumar Srivastava (Senior Adv.),Manoj 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 Sanjay seeking enlargement on bail during trial in connection with Case Crime No. 24 of 2021, under Sections 147, 148, 149, 323, 342, 452, 506, 307 of I.P.C. and Section 7 of Criminal Law Amendment Act, registered at P.S.- Fatehpursikri, District- Agra.
Learned counsel for the applicant submits that as per FIR, role of the applicant and co-accused Ramjan, Baseem, Sanjay @ Shannu, Vakeel Usmani and Idreesh Member are identical. He further submits that co-accused Ramjan, Baseem, Sanjay @ Shannu, Vakeel Usmani and Idreesh Member have already been enlarged on bail vide order dated 19.04.2021, 09.06.2021, 14.07.2021, 25.06.2021 & 09.06.2021 in Criminal Misc. Bail Application No.16169 of 2021, 22164 of 2021, 19056 of 2021, 19039 of 2021 & 21156 of 2021 respectively, hence on the ground of parity, he is entitled to be enlarged on bail. He also submits that the applicant has no criminal history. He next submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. Applicant is languishing in jail since 16.02.2021.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did 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.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that co-accused Ramjan, Baseem, Sanjay @ Shannu, Vakeel Usmani and Idreesh Member have already been granted bail and the case of the present applicant is at par with that of these co-accused, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Sanjay 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 VPS