Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19972 of 2018 Applicant :- Anand And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Gupta,Hari Pratap Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 29.11.2017 against sixteen accused persons including the applicants; alleging that on 28.11.2017 they assaulted Santosh, Agardi, Sardi and Gauri with lathi-danda, spear (bhala), bricks and stones, they received injuries, resultantly Gauri died.
It is submitted by learned counsel for the applicants that case of present applicants are identical to co-accused Deepak and Chatur Nishad who have already been enlarged on bail by this Court vide orders dated 18.4.2018 and dated 8th May, 2018 passed in Criminal Misc. Bail Application Nos. 14195 of 2018 and 17233 of 2018 respectively and the applicants are entitled to bail on the ground of parity. The applicants are innocent and have been falsely implicated in the present case. There is general allegations against all accused persons. No specific role was assigned to any accused. There is no independent witness against the applicants. Offences levelled against the applicants are not attracted in the present case. They are languishing in jail since 18.04.2018 (more than one month) having no criminal history 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 applicants and admitted that applicants have no criminal history and their case are identical to co-accused Deepak and Chatur Nishad who have been enlarged on bail by this Court.
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 applicants Anand and Prabhakar involved in Case Crime No. 280 of 2017, under Sections 147, 148, 323, 304, 504, 506 IPC, Police Station Pipiganj, District Gorakhpur 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 they are accused, or suspected, of the commission of which they are 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.
(Aniruddha Singh, J.) Order Date :- 28.5.2018 Sushil/-