In this bail application, the applicant claimed false implication and pursued parity with a co-accused granted bail. The bench allowed the appeal, releasing the applicant on bond and sureties.
Release of the applicant on bail by executing a personal bond and furnishing two sureties.
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Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27714 of 2019 Applicant :- Ankit Kumar Srivastav Opposite Party :- State Of U.P. Counsel for Applicant :- Bikash Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Ankit Kumar Srivastav in connection with Case Crime No.262 of 2018, under Sections 419, 420, 467, 468 and 471 I.P.C., P.S. Siddharth Nagar, District Siddharth Nagar.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case with the ulterior motive. He submitted that the similarly placed co-accused, Jitendra Kumar Sigh has been admitted to the concession of bail by this Court by order dated 03.07.2019 passed in Criminal Misc. Bail Application No.17910 of 2019. He claims parity. He submitted that the applicant is in jail since 10.06.2019 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. However, learned A.G.A. does not dispute the factum of parity.
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 and also the fact that the co-accused Jitendra Kumar Singh has been admitted to the concession of bail by this Court, 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 Ankit Kumar Srivastav involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 11.7.2019
R./
1 issue framed by the court
Whether the case is fit for bail considering the parity with a similarly placed co-accused who has been granted bail.
Ankit Kumar Srivastav
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
