Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23089 of 2019 Applicant :- Aadesh Alias Shivam Opposite Party :- State Of U.P.
Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely, Sanni @ Hemu, Adesh @ Shivam, Vishal @ Vishu and Guddu alleging that on 18.9.2018 Manoj Sharma, husband of the informant, was abducted. Later on, dead body was found receiving injury of throttling. Cause of death was found throttling. During investigation, it was found that Soniya informant had love marriage with Manoj Kumar Sharma and the family members of Soniya were annoyed and with the help of other persons they killed the deceased. Learned counsel for the applicant submitted that co-accused namely Vishal @ Vishu and Sanni @ Hemu have already been granted bail by another bench of this Court vide orders dated 28.2.2019 and 3.4.2019 in Criminal Misc. Bail Application No. 8787 of 2019 and 13407 of 2019 respectively. Since the role of the applicant is not distinguishable with the role of co-accused who have been enlarged on bail therefore, the applicant is also entitled for bail. There is no independent witness of the alleged occurrence. It is said that the applicant and the co accused Sanni @ Hemu confessed their guilt before Vijendra Singh. Except the evidence of extra judicial confession, there is no other cogent evidence against the applicant. There is no eye witness account against the applicant. There is no criminal history of the applicant and is in jail since 22.9.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused namely Vishal @ Vishu and Sanni @ Hemu having identical role have already been granted bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Aadesh Alias Shivam involved in Case Crime No. 420 of 2018 (S.T.No.1331 of 2018), under Section 364, 302, 201 IPC Police Station Shahpur District Muzaffar Nagar 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 31.5.2019 Gss