Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No.46683 of 2017 Applicant :- Ajay Opposite Party :- State Of U.P.
Counsel for Applicant :- Meraj Ahmad Khan,Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.43 of 2017, under Sections 302, 201, 364, 120-B I.P.C., Police Station Chitrahat, District Agra.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the applicant is not named in the FIR and his name came into light after 23 days of the incident in the statement of Chhote Singh on the basis of last seen evidence. It is further submitted that motorcycle of the deceased has been recovered on the pointing out of co-accused Chandrapal. It is further submitted that co-accused, namely, Lal Singh, having identical role, has been granted bail by this Court vide order dated 25.10.2017 passed in Crl. Misc. Bail Application No.40220 of 2017. Accordingly, the applicant is also entitled for bail on the ground of parity. It is lastly submitted that the applicant has no other criminal history to his credit and he is languishing in jail since 24.6.2017.
Learned A.G.A. has, however, opposed the prayer for bail to the applicant but admitted the fact that applicant is not named in the FIR and co- accused, namely, Lal Singh, having identical role, has been granted bail by this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Ajay be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.11.2017 Anand Sri./-