Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15934 of 2018 Applicant :- Anil @ Dhanpat Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Satendra, Sureshpal, Rekha, Manoj, Arjun and Nirbhay alleging that on 27.9.2016 they shot fire indiscriminately at Bhupendra. He received firearm injury and ultimately died. During investigation, it was found that Subodh and Anil were also involved in the crime.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Subodh @ Kala who has already been enlarged on bail by coordinate Bench of this Court vide order dated 31.5.2017 passed in Criminal Misc. Bail Application No.19258 of 2017 and the applicant is entitled to bail on the ground of parity(Bail order is annexed as annexure 6 to the bail application). He is not named in the FIR. No specific role has been assigned to this accused applicant. Criminal history has been explained. He has been falsely implicated in the present case. He is languishing in jail since 23.10.2016(more than one year and six months). There was no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that applicant's case is identical to co-accused Subodh @ Kala 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Anil @ Dhanpat involved in Case Crime No.271 of 2016, under Sections 147, 148, 149, 307,302, 120-B IPC, Police Station Binauli, District Baghpat 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 :- 30.4.2018 P.P.