Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The submission of learned counsel for the applicant is that the applicant is not named in the FIR. He has falsely been implicated in the present case. The police has planted false recovery against the applicant and other co-accused. There is no independent witness of the alleged recovery. The co-accused Deendayal alias Deena having identical role has already been released on bail by another bench of this Court vide order dated 22.1.2019 in Criminal Misc. Bail Application No. 2936 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The criminal history of the applicant has been explained in para 10 of the affidavit filed in support of the bail application. The applicant is in jail since 15.10.2018.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Deendayal alias Deena having identical role has already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Vijay Kushwah involved in Case Crime No. 1008 of 2018, under section 457, 380, 411 IPC, P.S. Jagdishpura, District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.1.2019 Masarrat