Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47650 of 2021 Applicant :- Shubham Chaudhary And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Vikram Yadav,Devendra 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 Shubham Chaudhary and Pinku Modanwal @ Manish seeking enlargement on bail during trial in connection with Case Crime No. 38 of 2021, under Sections 395, 397, 412, 413, 414, 420, 467, 468, 471 I.P.C. and 10 D.A.A. Act, P.S.- Tindwari, District- Banda.
Submission of learned counsel for the applicants is that the applicants are innocent and have been falsely implicated. Applicants are not named in the FIR. Applicants have not committed the alleged offences. He further submitted that co- accused Shakeel @ Waseem has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 40146 of 2021, vide order dated 16.12.2021 and claimed parity. He next submitted that the applicant is languishing in jail since 21.07.2021.
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 applicants Shubham Chaudhary and Pinku Modanwal @ Manish 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 :- 23.12.2021 v.k.updh.