Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8883 of 2019 Applicant :- Bharti Pathak @ Shalu Pathak Opposite Party :- State Of U.P.
Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against three named persons namely, Amit, Sumit, Babli and one unknown alleging that on 3.2.2018 they came to the house of complainant, tried to abduct Lovely(niece of complainant); when complainant reached there, Amit and Sumit opened fire which hit Lovely and Neeraj. Lovely died on the way to hospital and Neeraj was admitted in the District Hospital. Neeraj Received five injuries. During investigation, it was found that Sumit only opened fire. Injured Neeraj also attributed role of firing to Sumit only.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 13.12.2018(more than two and half month) having no criminal history. He has been falsely implicated. Co-accused Amit has already been granted bail by coordinate Bench of this Court vide order dated 16.8.2018 passed in Criminal Misc.Bail Application No.25677 of 2018 (Bail order produced during argument, is taken on record), applicant's case is identical to him and he is also entitled to bail on the ground of parity. Specific role of firing was assigned to Sumit. 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 his case is identical to aforesaid co- accused who has been granted bail by this Court.
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 Bharti Pathak @ Shalu Pathak involved in Case Crime No.76 of 2018, under Section 302, 307, 452, 34 IPC, Police Station Civil Lines, District Budaun 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 :- 28.2.2019 P.P.