The High Court of Judicature at Allahabad granted bail to the applicant in a criminal case triable by a Magistrate, noting that co-accused were on bail and a case for bail was made out. The applicant was released on personal bond and sureties.
The applicant was released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39187 of 2022
Applicant :- Ashish Opposite Party :- State of U.P. Counsel for Applicant :- Viveka Nand Rai Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 17 of 2022, under Sections- 406, 419, 420, 472, 120B and 34 IPC, Police Station- Cyber Crime, District Agra, during pendency of trial.
It is contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is next contended that neither any mobile nor ATM Cards have been recovered from the possession of the applicant and the police of cyber crime has planted the said recovery himself. There is no independent witness of the alleged recovery. It is next submitted that co-accused Shahwan, Babloo Paswan,Sahib Khan and Tozib have been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 2870 of 2022, 29679 of 2022, 29427 of 2022 and 29411 of 2022, vide orders dated 18.07.2022,20.07.2022, 02.08.2022 and 02.08.2022 respectively. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. Applicant has no criminal antecedent. The offences is triable by the Magistrate. He next submitted that the applicant is in jail since 22.05.2022 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, without expressing any opinion on merits of the case, a case for bail is made out.
Let the applicant Ashish who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 5.9.2022
v.k.updh.
Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.09.06 09:50:13 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail can be granted to the applicant in a criminal trial case.
Ashish
State of U.P.
Nalin Kumar Srivastava
Vinod Kumar Upadhyay
As recorded by the court registry
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