Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record.
It is submitted by learned counsel for the applicant that co-accused Ankit @ Tedha has been granted bail by coordinate Bench of this Court vide order dated 3.11.2020 passed in Criminal Misc. Bail Application No.28470 of 2020. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. It is further submitted that the Applicant is languishing in jail since 12.11.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Criminal case shown as criminal history against the applicant has been duly explained.
On the other hand, learned AGA as well as learned counsel for the informant opposed the prayer for bail and argued that the applicant cannot be allowed on bail on the sole ground of parity, as motive alleged in the matter is against the applicant also.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, the fact that the identically placed co-accused has already been released on bail by this Court, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sunny @ Vishal involved in Case Crime No.552 of 2019 (S.T. No.199 of 2020) under Sections 120-B, 302, 201 IPC, Police Station Jani, District - Meerut be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.8.2021 ss