Criminal Misc. Bail Application filed by Smt. Misthi seeking release in a case involving IPC and Passport Act offences. The court granted bail on personal and surety bonds due to the applicant's innocence claim and parity with a co-accused.
Released on bail by furnishing a personal bond and two reliable sureties of the like amount under specified conditions.
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Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39370 of 2020
Applicant :- Smt. Misthi Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Smt. Misthi, who is involved in Case Crime No. 488 of 2019, under Sections 420, 467, 468, 471, 120-B I.P.C., Section 14 Foreigners Act and Section 12(1) B of Passport Act, P.S.- Khurja Nagar, District- Bulandshahr.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co-accused Akash @ Nishi having similar role to that of applicant has already been granted bail by this Court vide order dated 10.11.2020 in Criminal Misc. Bail Application No. 38837 of 2020, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has no previous criminal history, he is not likely to abscond.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Smt. Misthi , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 23.11.2020 Prajapati
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of innocence and parity of punishment with a co-accused.
3 provisions across 3 enactments
Smt. Misthi
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
