In a criminal bail application under IPC sections 395 and 412, the High Court granted bail after noting concerns of false implication and parity with co-accoused, imposing standard conditions.
The applicant Banti @ Nasir was released on bail upon executing a personal bond and furnishing two sureties with specific conditions regarding tampering and appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29021 of 2019
Applicant :- Banti @ Nasir Opposite Party :- State Of U.P. Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Banti @ Nasir in connection with Case Crime No.289 of 2019, under Sections 395, 412 I.P.C., P.S. Etmaddaula, District Agra.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is not named in the first information report. He further submitted that the alleged recovery shown from the applicant is totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that no identification parade was conducted by the police to ascertain the real culprits. He submitted that the coaccused have been admitted to the concession of bail by another Bench of this Court by orders dated 12.06.2019, 04.07.2019 and 17.07.2019 passed in Criminal Misc. Bail Application No.24057 of 2019 (Ovaish), 26578 of 2019 (Deepak Verma) and 28418 of 2019 (Irfan). He claims parity. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 15.05.2019 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 aforesaid co-accused have 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 Banti @ Nasir 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 :- 22.7.2019 R./
1 issue framed by the court
Whether the applicant is entitled to bail in the said criminal case.
Banti @ Nasir
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
