Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45799 of 2018 Applicant :- Bhura @ Anurudh Sharma @ Anurup Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Srivastava, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 725 of 2018, under Sections 147, 148, 149, 307, 302 and 120-B, 34 IPC, Police Station Malpura, District Agra, during the pendency of trial.
It is contended by the learned counsel for the applicant that in F.I.R., the role of assaulting the deceased has been assigned to ten to fifteen unknown accused persons. He was not named in the F.I.R. and subsequently in extra judicial confession of witness Kaushal Katara, his name has emerged as an accused in the present case, in which it is stated that there was some money dispute between the deceased and one Shiboo. At the instance of Shiboo, the present accused along with eight co- accused had murdered the deceased. It is further argued that three co-accused namely, Vipin Yadav, Santosh Yadav and Jitendra @ Jeete, have been granted bail by the co-ordinate Bench of this Court in Crl. Misc. Bail Application Nos. 40135 of 2018, 40301 of 2018 and 40313 of 2018, copies of the bail orders are taken on record. The case of the present accused- applicant is at par with the case of the co-accused persons, hence parity is also claimed. It is further argued that accused had criminal history of three cases, which is mentioned in paragraph no. 16 and in all cases, he has been granted bail. The applicant is languishing in jail since 27.7.2018. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact that co-accused have been granted bail and the case of the applicant is at par with them, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Bhura @ Anurudh Sharma @ Anurup Sharma involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.11.2018 A.P. Pandey