VIKAS Vs. STATE OF U.P.

JUDGEMENT

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

(2.) The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.31 of 2023, under Ss. -147,148,149,323,504,452,307,325 I.P.C., P.S. Soron, District-Kasganj during pendency of the trial. At the very outset, learned counsel for the applicant submits that the applicant claims parity with the co-accused, namely, Raju, who has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 23809 of 2023 vide order dtd. 26/5/2023 and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 16/4/2023 and has no criminal history as averred in paragraph no.13 to the affidavit filed in support of the bail application In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial. Learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the aforesaid facts. Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail.

(3.) In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Vikas 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 with the following conditions that :-