Single judge allowed bail to Raja Babu in a criminal case under Sections 392, 412 IPC and 10/12 D.A.A. Act, relying on the concurrent grant of bail to a co-accused and finding it a fit case for bail.
Release of applicant Raja Babu on bail in execution of personal bond with two sureties on specific conditions.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33803 of 2019
Applicant :- Raja Babu Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar 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 Raja Babu in connection with Case Crime No.163 of 2016, under Sections 392, 412 I.P.C. and 10/12 (D.A.A.) Act, P.S. Gohan, District Jalaun.
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 and nothing incriminating article was recovered from the possession of the applicant or on his pointing out. He further submitted that the previous criminal history of the applicant has been explained. He submitted that the co-accused Sonu @ Radhaballabh has been admitted to the concession of bail by another Bench of this Court by order dated 05.05.2017 passed in Criminal Misc. Bail Application No.11118 of 2017 and the role assigned to the applicant is similar to the role of the other co-accused, who have already been enlarged on bail, copy whereof has been annexed on page no.37 of the bail application. 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 11.11.2016 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 Sonu @ Radhaballabh 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 Raja Babu 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 :- 21.8.2019 R./
1 issue framed by the court
Whether the bail application of Raja Babu in a case under Sections 392, 412 I.P.C. and 10/12 (D.A.A.) Act should be allowed considering parity with a co-accused who has been granted bail.
Raja Babu
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
