Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25104 of 2021 Applicant :- Vijay Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Upadhyay,Rishabh Kumar Pandey,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Vijay seeking enlargement on bail during trial in connection with Case Crime No. 304 of 2018, under Sections 409, 420, 467, 468, 471, 120- B, 39 Aadhar Card Act, 2016 and 66(C) I.T. Act and 3/7 of E.C. Act, registered at P.S.- Pallavpuuram, District- Meerut.
Submission of the learned counsel for the applicant is that according to F.I.R. by using adhar card of the applicant essential commodities were received. It is further submitted that the applicant is not named in the F.I.R. and his name came into light during investigation in the statement of co-accused Dinesh Kumar. He further submits co-accused Rajkumar, Shahanwaz and Dinesh Kumar have already been granted bail by co- ordinate Benches of this Court vide order dated 20.10.2020, 01.09.2020 & 06.01.2021 in Criminal Misc. Bail Application No. 35559 of 2020, 24653 of 2020 & 47225 of 2020 respectively, therefore, the applicant is also entitled for bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 29.06.2020.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the co-accused Dinesh Kumar, Raj Kumar and Shahanwaz has been granted bail and the case of the present applicant is on better footing with that of the co-accused Dinesh Kumar, without commenting any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Vijay involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with 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.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 30.7.2021 VPS