Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8384 of 2019 Applicant :- Amar Singh And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Pankaj Rai (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against nine accused persons, namely, Prempal, Sohan Lal, Amar Singh, Mohan Lal, Lakhan Singh, Munna Lal, Chhotey Lal, Sukhdevi and Sukhi alleging that on 11.6.2018 they assaulted Suresh with lathies, dandas, stones and bricks. He received only one injury that a punched wound on right side chest and died.
Learned counsel for the applicant submitted that co-accused- Munna Lal has been enlarged on bail by co-ordinate Bench of this Court vide order dated 5.12.2018 in Criminal Misc. Bail Application No. 46181 of 2018 and the case of the applicants are identical to the case of co-accused, who has been enlarged on bail, hence the applicants are also entitled to bail on the ground of parity; applicants are languishing in jail since 27.6.2018 (about eight months) having no criminal history; the applicants are innocent and have been falsely implicated in the present case; main role has been assigned to Prem Pal; general role has been assigned to all other co-accused; there is no independent witness and in case they are released on bail, they 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 the applicant has no criminal history and also admitted that the case of the applicant is identical to the case of co-accused Munna Lal, who has been enlarged on bail.
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 applicants Amar Singh And Mohan Lal involved in Case Crime No. 341 of 2018, under Section 302, 147, 148, 149, 336, 323, 504 IPC, Police Station-Soron, District-Kasganj 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 applicants 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2019 OP