Criminal Misc. Bail Application No. 4471 of 2021. Applicant challenging charge under IPC and IT Act. Court granted bail invoking Article 21 of Constitution.
Applicant released on bail with personal bond and two reliable sureties of the like amount.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4471 of 2021
Applicant :- Sanjay Kushwaha @ Sanjay Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey 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) Sanjay Kushwaha @ Sanjay Pratap Singh , who is involved in Case Crime No. 238 of 2020 of 2020 under Sections 420.467.468.471.411 I.P.C. and 66 (D) of IT Act P.S Bah District-Agra.
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 Anuj Ojha having similar role to that of applicant has already been granted bail by this Court vide order dated 11.1.2021 therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant has 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) Sanjay Kushwaha @ Sanjay Pratap 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 :- 21.1.2021 SKS
2 issues framed by the court
Whether Sanjay Kushwaha is entitled to bail in the present FIR.
Whether parity with co-accused Anuj Ojha affects the bail decision.
2 provisions across 2 enactments
Sanjay Kushwaha @ Sanjay Pratap Singh
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
