Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13036 of 2021 Applicant :- Satyanarayan Dubey Opposite Party :- State of U.P.
Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Puneet Bhadauria, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This bail application has been filed by applicant- Satyanarayan Dubey, seeking his enlargement on bail in Case Crime No.584 of 2020, under sections 412, 414 I.P.C., Police Station- Kotwali, District- Etawah, during pendency of trial.
Perusal of record shows that in respect of an incident, which is alleged to have occurred on 22.10.2020, a prompt F.I.R. dated 22.10.2020 was lodged by S.I. Kapil Kumar and was registered as Case Crime No.584 of 2020, under sections 412, 414 I.P.C., Police Station- Kotwali, District- Etawah. In the aforesaid F.I.R., two persons, namely, Ankit Joshi and Satyanarayan Dubey have been nominated as named accused.
Perusal of F.I.R. giving rise to this application goes to show that on the information received from informant, police acted swiftly and recovered certain household goods from the possession of named accused.
Learned counsel for applicant submits that applicant is innocent. He has been falsely implicated in above-mentioned case crime number. Applicant is in jail since 23.10.2020. As such on date, applicant has undergone more than five months of incarceration. It is then contended that co-accused, Ankit Joshi has already been enlarged on bail by this Court vide order dated 21.01.2021. Copy of the bail order has been placed by learned counsel for applicant before the Court. Same is taken on record. On the aforesaid premise, it is urged that case of present applicant is similar and identical to aforesaid co-accused. As such, applicant is liable to be enlarged on bail on the ground of parity. It is also contended by learned counsel for applicant that if applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
Having heard learned counsel for the parties and upon consideration of material on record, acquisitions made and complicity of accused, I am of the view that applicant has made out a case for bail.
Consequently, the bail application is allowed.
Let the applicant- Satyanarayan Dubey, be released on bail in Case Crime No.584 of 2020, under sections 412, 414 I.P.C., Police Station- Kotwali, District- Etawah on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(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.
Order Date :- 8.4.2021 Saif