Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52578 of 2019 Applicant :- Chhotey Lal @ Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Manish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that there is no direct evidence against the applicant. This is a case of circumstantial evidence. In the F.I.R. it has been mentioned that the applicant and co-accused Laxman and Mohan took away the deceased from his house. After getting the deceased drunk, committed marpit with him and leaving the deceased near a bridge escaped away. It has been further submitted that the deceased collided with divider due to which he received injuries. The applicant had not caused any injury to the deceased and has been falsely implicated in this case. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. The co-accused Laxman having identical role has already been released on bail by another bench of this court vide order dated 26.11.2019 in Cr. Misc. Bail Application No. 51698 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 17.6.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Laxman having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Chhotey Lal @ Pradeep Kumar involved in Case Crime No.278 of 2019, under Section 304 IPC Police Station Shikohabad District Firozabad 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will 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 :- 28.11.2019 Gss