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2013 DIGILAW 2410 (ALL)

Jogendra Singh v. State of U. P.

2013-09-25

RAMESH SINHA

body2013
Ramesh Sinha, J.;— Heard Sri Pankaj Kumar Shukla, learned counsel for the applicant and Sri Nikhil Chaturvedi, learned A.G.A. appearing for the State. 2. It has been contended by the learned counsel for the applicant that for the same offence a case was registered as case crime No.318 of 2007 under sections 420, 406, 120-B and 409 I.P.C. Police Station New Agra, District Agra in which the applicant has already grated bail by this Court (copy of the bail order is annexed as annexure-3 at page 34 of the bail application). He further submits that the applicant is innocent and has been falsely implicated in the present case and on identical allegation earlier a case was registered and it has been alleged that the another person who is the Secretary of the cooperative society was found guilty for the offence in question. 3. It has further been contended by the learned counsel for the applicant that the co-accused Gopi, Kanchhi Lal and Tejpal Singh have been granted bail by this Court vide orders dated 2.8.2010,16.5.2013 and 17.7.2013 in Criminal Misc. Bail Application Nos. 20020 of 2010, 13486 of 2013 and 20198 of 2013 respectively and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 30.7.2011. 4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5. Bail orders of aforesaid co-accused have been produced by the learned counsel for the applicant. The same is taken on record. 6. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. 7. Let the applicant Dr.Jogendra Singh involved in Case Crime No.571 of 2007 under Sections 406, 409, 420, 467, 468, 120-B I.P.C., Police Station New Agra, District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions. 1. 7. Let the applicant Dr.Jogendra Singh involved in Case Crime No.571 of 2007 under Sections 406, 409, 420, 467, 468, 120-B I.P.C., Police Station New Agra, District Agra be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions. 1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. 2. He will not tamper with the witnesses. 3. He will not indulge in any illegal activities during the bail period. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same preferably within a period of six months from the date of production of a certified copy of this order. _____________