Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20296 of 2018 Applicant :- Akash Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Ali Hasan, learned counsel for the complainant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 1.4.2018 against three accused persons, namely Satte @ Satpal Balmiki, Sachin and Akash alleging that on 31.3.2018 at night accused Sachin and Akash caught hold Manoj and accused Satte @ Satpal Balmiki assaulted Manoj with knife, he received injuries, resultantly died. Nothing was recovered from the possession of applicant.
It is submitted by learned counsel for the applicant submitted that co-accused Sachin has been granted bail by this Court vide order dated 25.5.2018 in Criminal Misc. Bail Application No. 19812 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. There is scuffle between deceased and co-accused Satte @ Satpal Balmiki; co-accused Satte @ Satpal Balmiki has also received three injuries. The role of the applicant was extended to catching hold only. There is no independent witness and legal evidence against the applicant. So-call eye witness/injured Anil Kumar and Rahul has not received injuries and their statement was recorded on 7.4.2018 (after eight days of incident), they falsely stated that Sachin and Akash also assaulted the deceased. He is languishing in jail since 1.4.2018 (more than one and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Akash involved in Case Crime No. 352 of 2018, under Sections 452, 307, 302, 506 IPC, Police Station Kankarkhera, District Meerut be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.5.2018 OP