Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45437 of 2018 Applicant :- Amit Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The prosecution case is that on 18.6.2017, the accused named in the F.I.R. including the present accused assembled in house No. 461 in Kashiram Colony, Chhibramau where huge explosion took place in which Neeraj died.
It is submitted by learned counsel for the applicant that co- accused namely Rishi Pal and Alok @ Sachin have already been granted bail by co-ordinate Bench of this Court vide order dated 21.11.2017 and 11.12.2017 in Criminal Misc. Bail Application Nos. 44663 of 2017 and 35328 of 2017, 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. He had no involvement in any kind of illegal activity as alleged being done in the said house such as manufacturing the explosives etc. There was no intention or knowledge on his part to cause injury to deceased. No piece of incriminating article was recovered from him. The recovery memo does not indicate that any explosive substance was found to be manufactured there. He is languishing in jail since 18.8.2018 (near about three 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 and the case of present applicant is identical to co- accused Rishi Pal and Alok @ Sachin 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 applicant Amit involved in Case Crime No. 412 of 2017, under Sections 304, 326, 427 IPC & Section 3/4 Explosive Act, Police Station Chhibramau, District Kannauj 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 :- 28.11.2018 A. Singh