This bail application was allowed. The court found it to be a fit case for bail, noting the parity with a co-accused who was granted bail and considering the allegations and circumstances.
Released on bail by executing a personal bond and furnishing two sureties each.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36585 of 2019
Applicant :- Vikas Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Dileep Singh Yadav 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 Vikas Tiwari in connection with Case Crime No.433 of 2019, under Sections 392, 411 I.P.C., P.S. Kannauj, District Kannauj.
It has been alleged in the first information report that mobile phone and motor-cycle were looted by some unknown persons from the complainant.
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 alleged recovery shown from the possession of the applicant is totally fake and false. He submitted that there is no public witness of the alleged recovery. He further submitted that no identification parade was conducted by the police to ascertain the real culprits. He submitted that the co-accused Shahrukh has been admitted to the concession of bail by this Court by order dated 20.08.2019 passed in Criminal Misc. Bail Application No.33637 of 2019, copy whereof has been annexed on page no.23 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 27.06.2019 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 Shahrukh 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 Vikas Tiwari 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 :- 19.9.2019
R./
3 issues framed by the court
Whether the applicant is entitled to bail in a theft case under Sections 392, 411 IPC given that a co-accused has been granted bail in similar proceedings.
Whether the alleged recovery of evidence and lack of identification parade justify the grant of bail with parity.
Whether the gravity of the offence and available evidence permit the release of the applicant on bail.
Vikas Tiwari
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
