Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15014 of 2021 Applicant :- Vikash Pathak @ Deepu Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.29 of 2021, under Sections 395, 397, 412, 506 I.P.C., Police Station Ramgarh, District Gorakhpur during the pendency of trial.
It is argued by the learned counsel for the applicant that impugned FIR was lodged against unknown person and the applicant has been falsely implicated in the present case. The recovery as shown by the police from the possession of the applicant is not supported by any independent public witness. The possibility of false implication of the applicant cannot be ruled out.
The main substratum of argument of learned counsel for the applicant is that co-accused Manoj Sahni @ Tamatar and Sarvesh Sharma have been granted bail by co-ordinate Bench of this Court vide orders dated 10.06.2021 & 22.06.2021 passed in Criminal Misc. Bail Application No.17444 of 2021 and Criminal Misc. Bail Application No.18535 of 2021. The case of present applicant stands on similar footing to that of co-accused Manoj Sahni @ Tamatar and Sarvesh Sharma, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 31.01.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Vikash Pathak @ Deepu Pathak be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 30.7.2021 P.S.Parihar