Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51989 of 2021 Applicant :- Sukhveer @ Bhola Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava,Ramesh Kumar Sahu,Sunil Vashisth Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant, Sri M.N. Singh, learned counsel for the informant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.230 of 2021, under Section 302/34 I.P.C., Police Station Khandauli, District Agra, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake.
(ii) Although, the applicant is named in F.I.R. but he has no concern with the present case. The F.I.R. of the present case was lodged against four accused persons including the applicant.
(iii) As per statement of informant recorded under Section 161 Cr.P.C., specific role of firing has been assigned to co-accused Aditya whereas only role of exhortation has been assigned to the applicant.
(iv) Co-accused Somveer has already been granted bail by co-ordinate Bench of this Court vide order dated 28.10.2021 in Criminal Misc. Bail Application No.44772 of 2021 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity.
(v) Applicant is in jail since 06.08.2021. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but conceded the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Sukhveer @ Bhola be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant 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 or case.
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 :- 20.12.2021 Manoj