Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 90 of 2021 Applicant :- Sonu Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Manoj Vashisth, learned counsel for the applicant as well as learned AGA for the State and perused the material on record.
Learned Counsel for the applicant submitted that the applicant is innocent having no criminal history and has been falsely implicated in this case. It is further submitted that co-accused Chhota and Mintoo @ Montu have already been granted bail by coordinate Benches of this Court vide orders dated 29.9.2020 and 22.10.2020 passed in Criminal Misc. Bail Application Nos.28194 of 2020 and 32505 of 2020 respectively; copies of which have been annexed as Annexure 7 to the affidavit filed in support of the bail application. It is then submitted that role of applicant is similar to the role of co-accused who have already been granted bail and the applicant is entitled to bail on the ground of parity. The applicant has not committed any offence as alleged in the FIR and it is a case of false implication. Learned counsel for the applicant lastly submitted that the applicant is in jail since 17.7.2020 and if released on bail, he 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-Sonu be released on bail in Case Crime No.03 of 2020 under Sections 147, 363, 364, 511, 452, 506 IPC, Police Station Deoband, District Saharanpur 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 :- 6.1.2021 P.P.