Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45305 of 2018 Applicant :- Boby @ Nitish Opposite Party :- State Of U.P. Counsel for Applicant :- Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 12.9.2018 by Pradeep Kumar - first informant, against unknown person; alleging that Akash @ Ashu was missing since 12.9.2018. Later on, it was stated that the deceased was last seen with Praveen and Bovi @ Nitish. Subsequently, the dead body of the deceased was found having incised wound on 12.9.2018.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the FIR. His name was surfaced in the statement of the witnesses. Offences levelled against the applicant are not attracted in the present case. There is no independent eye witness of the alleged incident against the applicant. Nothing incriminating material has been recovered from the possession of the applicant or on his pointing out. It is also submitted that the co-accused Praveen Jat has been enlarged on bail by this Court vide order dated 23.1.2019 passed in Criminal Misc. Bail Application No. 3132 of 2019 and the case of the present applicant stands on better footing to that of the aforesaid co-accused. The applicant is s languishing in jail since 15.9.2018 (more than five and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to that of the co-accused Praveen Jat, who has been enlarged on bail.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Boby @ Nitish involved in Case Crime No. 1021 of 2018, under Sections 302, 201, 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 :- 28.2.2019 Iss/