Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41241 of 2018 Applicant :- Shahnawaj @ Kana Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
2. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No. 562 of 2016, under Sections 393, 307 IPC, Police Station Hapur, District Hapur.
3. Learned counsel for applicant submitted that applicant is innocent and has been falsely implicated in the present case. FIR has been lodged against unknown. Co-accused Shahnawaj, whose case is also on similar footing as that of applicant, has been enlarged on bail by Co-ordinate Bench of this Court vide order dated 19.6.2017 passed in Criminal Misc. Bail Application No.1949 of 2017, copy whereof has been annexed as Annexure 4 to the affidavit filed in support of bail application, therefore, applicant is also entitled to be enlarged on bail on the ground of parity; There is no chance of applicant of fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. The applicant is in jail since 12.11.2016 and in case he is enlarged on bail, he will not misuse liberty of bail.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Shahnawaj @ Kana involved in Case Crime No. 562 of 2016, under Sections 393, 307 IPC, Police Station Hapur, District Hapur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 27.11.2019 KA