Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22878 of 2019 Applicant :- Vijay Singh Chima Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Singh,I.P. Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Vijay Singh Chima, who is involved in Case Crime No. 413 of 2019, under Sections 171, 419, 420, 384, 388, 342, 468, 467 and 471 of I.P.C., Police Station- Dadari, District- Gautam Buddh Nagar.
Learned counsel for the applicant has contended that from the reading of the F.I.R. there does not appear to be any threat etc from the applicant. The co-accused Pushpendra has been granted bail by this Court, vide order dated 20.6.2019 passed in Criminal Misc. Bail Application No. 24808 of 2019 and the applicant's case can be treated to be at par with that of Pushpendra. It is lastly submitted that the applicant has no other criminal history and is in jail since 17.4.2019 and if he is released on bail, there would be no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail. However, he does not dispute the fact that similarly placed co- accused has been granted bail by this Court.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released on bail.
Let the applicant, Vijay Singh Chima, be released on bail in Case Crime No. 413 of 2019, under Sections 171, 419, 420, 384, 388, 342, 468, 467 and 471 of I.P.C., Police Station- Dadari, District- Gautam Buddh Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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 and 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, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 praveen.