The Court allowed bail to the applicant, Amar Nath Jha, in a cheating and criminal breach of trust case, noting a similar order passed for co-accused. Conditions of bail were specified.
Released on bail personally with two sureties subject to standard conditions including non-tampering and regular appearance.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29890 of 2018
Applicant :- Amar Nath Jha Opposite Party :- State Of U.P. Counsel for Applicant :- Rajendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant is stated to be marginal witness of agreement to sell.
It has been contended by the learned counsel for the applicant that the co-accused Smt. Manju Devi and Smt. Preeti Mishra have been granted bail by this Court vide order dated 17.7.2018 in Criminal Misc. Bail Application No. 26483 of 2018 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 24.6.2018.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Amar Nath Jha involved in Case Crime No.779 of 2015, under Sections 406, 420, 471, 452, 323, 504, 506, I.P.C., Police Station Loni, District Ghaziabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 8.8.2018
T. Sinha
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused granted bail in a similar case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶9
(2018)3 SCC 22 · Who else cites this
Amar Nath Jha
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
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