Heard Sri Ashutosh Upadhyay, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in this case. It is submitted that noting has been recovered from the possession of the applicant and a false recovery of seven motorcycles and one scooty was shown by the police from the joint possession of the applicant and other co-accused persons and there was no public witness of the alleged recovery. Lastly, it is submitted that the case of the applicant is at par with the co-accused Sachin @ Bholu, Anil and Sanjeev Alias Kali, who have been granted bail by coordinate Bench of this Court, vide orders dated 5.11.2020, 23.11.2020 and 1.12.2020, passed in Criminal Misc. Bail Application Nos.38034 of 2020, 40677 of 2020 and 41992 of 2020 respectively (copy of bail orders have been annexed as Annexure-2 to the affidavit filed in support of the bail application). It is submitted by learned counsel for the applicant that the co-accused Sachin @ Bholu, Anil and Sanjeev Alias Kali have already granted bail by this Court, and as such the applicant is also entitled for bail on the ground of parity. Applicant has no criminal history. It is further submitted that there is no chance of him fleeing away from the judicial process or tampering with the prosecution evidence. The applicant in jail since 12.7.2020 and if released on bail, will not misuse the liberty of bail.
On the other hand, learned AGA for the State vehemently opposed the prayer of bail but could not dispute the aforesaid facts.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant- Santram @ Bhuttu be released on bail in Case Crime No.304 of 2020, under Sections 420, 482, 411, 413 and 414 I.P.C., Police Station-Najibabad, District Bijnor on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(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 by the orders of the 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 activity.
(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 the 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.
Order Date :- 23.2.2021 Neeraj