Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7757 of 2019 Applicant :- Bittu Opposite Party :- State Of U.P.
Counsel for Applicant :- Shamsher Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Sandeep Kumar Singh, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against four persons namely, Kala, Musarraf, Bittu and Deepak alleging that there was dispute between Kala and Vishal' and on 7/8.10.2018(night) they killed Vishal(son of first informant) with sharp-edged weapons. According to postmortem report, deceased sustained ten injuries, out of which nine are incised wounds. Kala was arrested and 'farsa' and knife were recovered at the pointing out of Kala.
Learned counsel for the applicant submitted that co- accused namely Deepak has already been granted bail by this Court vide order dated 5.2.2019 in Criminal Misc. Bail Application No. 4633 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Incident is of night. During investigation, motive was found against Kala due to dispute of Rs.5000/-. The applicant has been falsely implicated. He has been falsely implicated. Motive is against Kala and 'Farsa' and knife were also recovered at the pointing out of Kala. There is neither eye-witness account nor any independent witness. There is no motive against this applicant. There is no legal evidence against the applicant. He is languishing in jail since 11.10.2018(near about four and half months) having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned counsel for the complainant opposed the prayer for bail.
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 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 Bittu involved in Case Crime No.1110 of 2018, under Section 302 IPC, Police Station Baraut, District Baghpat 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 :- 25.2.2019 A. Singh