Arjun Singh Vs State of U.P.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27728 of 2022

Applicant :- Arjun Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gajendra Kumar,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶6

By means of this application, the applicant, Arjun Singh, who is involved in Case Crime No. 1077 of 2011, under Sections 370A(2)/34 IPC and Sections 3, 4, 5, 7(1)A, 7(2)B of Immoral Trafficking Act, Police Station Sector-49 NOIDA, District Gautam Budh Nagar and is in jail since 06.05.2022, is seeking enlargement on bail during the trial.

¶7

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant was working in the company of Vinus Pvt. Ltd. and due to some internal dispute applicant has resigned and left the company on 30.3.2019, it appears that after the resignation, the company conducted some illegal activities raid was conducted by the police they disclosed the name of applicant only due to previous enmity with the applicant with regard to resignation and other financial issues with company. It is submitted by learned counsel for the applicant and there is no criminal history against the applicant. It is further submitted that similarly placed coaccused, Raman @ Anurag, has already been enlarged on bail by this Court by order dated 24.03.2022 passed in Criminal Misc. Bail Application No.2666 of 2022. He has further submitted that the case of the applicant is on better footing as he was not found on the place of incident at the time of raid made. The accused has already been enlarged on bail, applicant is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the applicant is languishing in jail since 06.05.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶8

The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

¶9

Considering the submissions made by learned counsel for the

¶10

applicants as well as learned A.G.A. and nature of evidence and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and Another, (2018) 3 SCC 22 , without expressing any opinion on merits of the case this Court is of the view that the applicants have made out a case for grant of bail on the ground of parity.

¶11

In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

¶12