In Criminal Misc. Bail Application No. 11990 of 2021, the Court granted bail to Narendra Singh in a cheating and criminal breach of trust case, holding it a fit case for bail based on parity with an already released co-accused.
Release of Narendra Singh on bail by furnishing a personal bond and two sureties with specified conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11990 of 2021
Applicant :- Narendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Kumar Srivastava,Sumit Kumar Srivastava 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), Narendra Singh, who is involved in Case Crime No. 835 of 2020, under Sections 41 Cr.P.C. & 411, 413, 414, 420 I.P.C. P.S.- Kotwali Orai, District- Jalaun.
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 Tauseef having similar role to that of applicant has already been granted bail by this Court vide order dated 25.01.2021 passed in Criminal Misc. Bail Application No. 2306 of 2021, 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), Narendra Singh , 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 :- 19.3.2021 Prajapati
3 issues framed by the court
Whether the applicant is entitled to be released on bail citing parity of co-accused.
Whether the present case constitutes a fit case for bail.
Whether provisions can be read into the conditions of bail to ensure appearance.
Narendra Singh
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
