Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3847 of 2019 Applicant :- Vikas Dube Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is not named in the F.I.R. The recovery of Rs. 18,000/- has been made from his possession. According to him the applicant was going to deposit fee as he is the student of B.Sc. from R.K. Gupta Memorial Institute of Technology and Management Sikardra Agra. Showing recovery of the money the applicant has been falsely implicated in this case. The co-accused Vikas Yadav and Chandu @ Chhotu having identical role have already been released on bail by another bench of this court vide orders dated 2.1.2019 and 21.12.2018 respectively, therefore applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 31.10.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co -accused Vikas Yadav and Chandu @ Chhotu having identical role have already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Vikas Dube involved in Case Crime No. 869 of 2018, under Section 392, 411, 120-B, 506 IPC Police Station Sikandra District Agra be released on bail on his furnishing a personal bond and 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 evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will 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 Gss