Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41406 of 2021 Applicant :- Sanoj Kumar Singh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Pramod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, 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 applicants Sanoj Kumar Singh and Bikku Sigh seeking enlargement on bail during trial in connection with Case Crime No. 239 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C. P.S.- Kydganj, District-
Prayagraj.
Submission of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated. Applicants have not committed the alleged offences. He further submitted that co-accused Aman Raj and Gunjan Kumar have already been granted bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos. 42278 of 2021 and 43178 of 2021, vide orders dated 27.11.2021 and 12.11.2021 and claimed parity. Several other co-accused persons have also been granted bail by coordinate Benches of this Court. He next submitted that the applicant is languishing in jail since 08.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
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 accused and all other attending circumstances were duly considered.
In view the above on the ground of parity a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Sanoj Kumar Singh and Bikku Sigh involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants 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 :- 21.12.2021 v.k.updh.