Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40480 of 2019 Applicant :- Ankit Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chand Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, FIR was lodged against seven persons, namely, Ajeet, Ankit, Kamal Singh, Anil, Dan Singh, Raghun Singh and Rajesh alleging that on 21.3.2019 at 13:00 hours they killed Vijay Singh (uncle of complainant) with their weapons armed with and by shooting with firearms by Anil, Ajeet and Ankit. At the pointing out Kamal Singh, Danda, at the pointing out of Raghun axe, at the pointing out of Dan Singh iron rod and at the pointing out of Rajesh Sariya used in the crime were recovered. According to postmortem report, deceased received seven injuries and died due to septicaemia on 29.3.2019 after eight days of incident.
Learned counsel for the applicant submitted that co-accused Ajjet has been enlarged on bail by this Court vide order dated 19.9.2019 in Criminal Misc. Bail Application No. 37515 of 2019 and the case of the applicant is identical to the case of co- accused, who has already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. He further submitted that applicant is languishing in jail since 29.3.2019 (about six months) having no criminal history. He has been falsely implicated. Alleged role of applicant was of firing but no gunshot wound was found on the body of deceased. Nothing has been recovered from the possession of applicant.There is 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 the applicant has no criminal history and also admitted that the case of the applicant is identical to the case of co-accused, who has been enlarged on bail .
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and 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 Ankit involved in Case Crime No.71 of 2019, under Section 302, 452, 323, 504, 506, 352 IPC, Police Station Hathras Junction, District Hathras 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 :- 27.9.2019 OP