Single judge allowed bail to applicant accused of cheating and criminal conspiracy under IPC Sections 420, 406, 504, 506, 120-B, relying on prior bail to co-accused.
Release on bail by executing personal bond and two sureties in Rs.50,000 each.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39073 of 2019
Applicant :- Virendra Kumar Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Mahipal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Counter affidavit filed today, is taken on record.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Virendra Kumar Sharma in connection with Case Crime No.623 of 2018, under Sections 420, 406, 504, 506, 120-B I.P.C., P.S. Kotwali City Bijnor, District Bijnor.
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 without accepting the guilt the applicant is ready to deposit Rs.50,000/- at the time of filing of bail bonds before the trial court concerned in case if the applicant is being released on bail. He submitted that the co-accused have been admitted to the concession of bail by another Bench of this Court by orders dated 17.04.2019 and 08.03.2019 passed in Criminal Misc. Bail Application Nos.4194 of 2019 (Manoj Kumar) and 4096 of 2019 (Har Narayan Sharma). He claims parity. He submitted that the applicant is languishing in jail since 21.08.2018 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 Virendra Kumar Sharma 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.
vi) The applicant is directed to deposit a bank draft of Rs.50,000/before the court concerned at the time of filing of bail bonds and the trial court is directed to hand over the said bank draft to the complainant after verifying their credentials.
Order Date :- 24.10.2019
R./
1 issue framed by the court
Whether the applicant is eligible for bail given the co-accused previously granted bail and the nature of allegations.
1 provisions across 1 enactments
Virendra Kumar Sharma
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
