Single judge allowed bail application for accused Chhote, granting parity with co-accused already on bail, citing Data Ram case, imposing personal bond and sureties.
Applicant allowed bail on personal bond and two reliable sureties of like amount subject to standard conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21001 of 2019
Applicant :- Chhote @ Ravi @ Shyam Pratap Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 41 of 2019, under Sections 395, 412 I.P.C., P.S. Naseerpur, District Firozabad.
The contention of the learned counsel for the applicant is that the accused is absolutely innocent and he has been falsely implicated in the present case due to ulterior motive. He further submitted that the co-accused Sanju@ Sanjay, Parmal, Samar Singh, Bablu @ Bhulla, Mahipati @ Raj Bahadur @ Chaturi, Vikas & Ajay Kumar who were having similar role, has already been enlarged on bail vide orders dated 13.05.2019, 16.05.2019, 21.05.2019, 10.07.2019, 31.05.2019, 01.07.2019, 22.07.2019 passed by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos. 18233 of 2019, 18230 of 2019, 20884 of 2019, 16695 of 2019, 20870 of 2019, 25433 of 2019 & 29045 of 2019 respectively. Hence, he seeks parity.
He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 . The accused is languishing in jail since 12.03.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed .
Let the applicant Chhote @ Ravi @ Shyam Pratap be released on bail in the aforesaid case crime number on his
furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 2.8.2019
Shanu
1 issue framed by the court
Whether the bail plea of the accused deserves to be allowed considering the overall facts, nature of allegations, and gravity of offence.
Colour shows how this judgement treated each authority
Data Ram Vs. State of U.P. and othersReferred¶8
Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 · Who else cites this
Chhote @ Ravi @ Shyam Pratap
State Of U.P.
Ajit Singh
As recorded by the court registry
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