Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15199 of 2018 Applicant :- Babloo Prasad Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Sandeep Kashyap, Chawkidar and 4-5 unknown persons alleging that on 2.4.2017 they have stolen 200 kg. Copper and old batteries from godown of complainant. Subsequently, on 6.4.2017 dead body of Sandeep Kashyap was found. He was killed by strangulation and joint recovery has been shown from Babloo Prasad, Pappu Raidas, and Ravi Kumar Savita.
It is submitted by learned counsel for the applicant that case of this applicant is identical to co-accused Pappu Raidas and Ravi Kumar Savita who have been enlarged on bail by coordinate Bench of this Court vide orders dated 28.8.2017 and 17.11.2017 passed in Criminal Misc. Bail Application Nos. 26438 of 2017 & 44276 of 2017 respectively and the applicant is entitled to bail on the ground of parity. He is languishing in jail since 6.4.2017(more than one year) having no criminal history; there is no legal evidence against this accused except confessional statement of co-accused and this accused. 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 his case is identical to above co-accused.
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 Babloo Prasad involved in Case Crime No.261 of 2017, S.T.No. 271 of 2017, under Sections 460/201/411/34 IPC, Police Station Chakeri, District Kanpur 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 :- 24.4.2018 P.P.