Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16475 of 2021 Applicant :- Aakash Nath @Lulli Opposite Party :- State of U.P.
Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.,Syed Ali Imam
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record. None has appeared on behalf of informant despite taking the case in revised list.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The applicant is not named in FIR and that his name has surfaced on the basis of confessional statement of co-accused Sahnoor @ Chhotu and according to prosecution version, the role of firing has been attributed to co-accused Sahnoor @ Chhotu and that no specific role has been assigned to applicant. It was submitted that there is no eye-witness of alleged incident and that chain of circumstantial evidence is not complete. It has been submitted that criminal history of three cases was shown against applicant but one case was imposed on him after this case and that criminal history has duly been explained in the affidavit of bail application. It has been further submitted that similarly placed co-accused Dalveer Singh, Mohit, Shakir, Abhishek Jeenwal and Abhishek Saroj have already been enlarged on bail by different Benches of this Court, copies of which, have been brought on record in the bail application. It has been submitted that the applicant is languishing in jail since 22.07.2020 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. have opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Dalveer Singh, Mohit, Shakir, Abhishek Jeenwal and Abhishek Saroj have already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Aakash Nath @ Lulli involved in Case Crime No.972 of 2020, under Sections 147, 148, 149, 302, 34, 506, 120-B, 216 IPC, P.S. Vijaynagar, District Ghaziabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 30.9.2021 Neeraj