Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47006 of 2018 Applicant :- Abhishek @ Chhotu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.,Dur Vijay Singh
Hon'ble Harsh Kumar,J.
Heard Ramanuj Tripathi, learned counsel for the applicant, Sri Dur Vijay Singh, learned counsel for the first informant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant was falsely implicated in F.I.R. dated 22.6.2016 lodged at Case Crime No.93 of 2016 by Albel Singh, husband of complainant regarding murder of his daughter's Jeth Shadeo by applicant and co-accused persons; that in above case upon investigation the prosecution version was found incorrect and charge-sheet was submitted against first informant Albel Singh, husband of complainant; that when first informant of above case was taken into custody he got filed a complaint case by his wife Sunita Devi in which Complaint Case No.2938 of 2016 with same allegations the applicant and co-accused persons were summoned under Section 204 Cr.P.C.; that there is no evidence against applicant regarding his involvement in the alleged incident of committing murder of Sahdeo by him; that applicant had no motive to cause death of Sahdeo and no motive has been assigned to him even in F.I.R. or complaint; that co-accused Ankul, Prashant & Vikas with identical role, have been granted bail by another Bench of this Court vide orders dated 5.12.2018 & 12.12.2018 passed in Criminal Misc. Bail Application Nos.45060 of 2018 & 43918 of 2018, copies produced for perusal which are taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 16.10.2018.
Learned A.G.A. and learned counsel for the first informant vehemently opposed the prayer of bail without disputing the fact that co-accused persons have been granted bail and applicant's case is identical to them as well as that husband of complainant has been charge-sheeted for the offence in question.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Abhishek @ Chhotu be released on bail in Case Crime No.2938 of 2016, under Sections 302, 452, 323 I.P.C., P.S. Pisawa, District Aligarh, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.12.2018 Kpy