Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 8 persons including the applicant making general allegation for committing marpit with the deceased with Lathi and Danda. In postmortem report the cause of death of the deceased has been shown shock as a result of ante mortem injury on head but it is not specified as to who is the author this fatal injury. It has further been submitted that co-accused Narendra, Suresh and Virendra having identical role have already been released on bail by another bench of this court vide orders dated 20.12.2018 and 10.1.2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 30.7.2018.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Narendra, Suresh and Virendra having identical role have already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Banti @ Virendra involved in Case Crime No. 386 of 2018, under section 147, 323, 307, 302 IPC, P.S. Jahangirabad, District Bulandshahr be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 24.1.2019 Masarrat