Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56556 of 2019 Applicant :- Vishal Opposite Party :- State of U.P.
Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant who is involved in case crime no. 1266 of 2019, under Sections 342, 412, 395, 397 IPC, P.S. Sihani Gate, District- Ghaziabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that in this case recovery has been shown from the possession of co- accused Vipin, while allegation against the applicant is that he was succeeded in fleeing away from the spot. Later on, applicant has surrendered on 18.09.2019 and his statement was recorded by the police in jail and thereafter, on the basis of confessional statement and on his pointing out recovery of one packet of medicine has also been shown. It is further submitted that co-accused Vipin from whose possession 109 boxes medicine had been recovered, has been granted bail by the co- ordinate Bench of this Court vide order dated 4.12.2019 passed in Criminal Misc. Bail Application No. 53763 of 2019. Case of the applicant stands on better footing than the case of aforesaid co-accused, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is in jail since 18.09.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicant.
Considering the facts and circumstances of the case, 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 Vishal, 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 with the following conditions which are being imposed in the interest of justice:-
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 the orders of court, 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 activities.
(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 court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
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. It is further clarified that 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 :- 18.12.2019 AK Pandey