Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8204 of 2019 Applicant :- Arshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Daga,Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.,Gaurav Tiwari
Hon'ble Aniruddha Singh,J.
Sri Gaurav Tiwari, Advocate filed his Vakalatnama on behalf of the complainant is taken on record. Supplementary affidavit filed today is also taken on record.
Heard learned counsel for the applicant, Sri Gaurav Tiwari, learned counsel for the complainant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 8.10.2018 against four accused persons, namely, Ashraf Ali, Name Ali, Aakil and Laheek alleging that on 4.10.2018 they assaulted Rahmat Ali and the dead body was found on the Railway track in crushed position.
It is submitted by learned counsel for the applicant that co- accused- Aakil has been enlarged on bail by co-ordinate Bench of this Court vide order dated 18.2.2019 in Criminal Misc. Bail Application No. 6668 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 for bail on the ground of parity. The applicant is innocent and has been falsely implicated in the present case. Deceased was died due to an accident. F.I.R. was lodged after four days of the incident after thought and with due legal consultation. There is no independent witness against the applicant. There is no eye witness account against the applicant. The applicant is languishing in jail since 5.11.2018 (about four months) five cases of criminal history have been properly explained 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. as well as learned counsel appearing for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and also admitted that the case of the applicant is identical to the case of co-accused- Aakil, 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 Arshad involved in Case Crime No. 451 of 2018, under Sections 302, 120-B and 34 IPC, Police Station Didauli, District Amroha (J.P. Nagar) 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 :- 26.2.2019 OP