Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 206 of 2020 Applicant :- Chhotu @ Sonu Sisaudiya Opposite Party :- State of U.P.
Counsel for Applicant :- Pashali Slolanki, A.K. Singh Solanki, Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Chhotu alias Sonu Sisaudiya in connection with Case Crime No.463 of 2017, under Sections 147, 148, 149, 302, 504, 506 I.P.C., Police Station Etmaddaula, district Agra.
The first information report of this incident was lodged by the complainant against applicant and one unknown accused person. It was alleged in first information report that 02.06.2017 at about 9.30 p.m. applicant along with eight other co-accused persons came there and started indiscriminate firing upon son of complainant, resulting which, complainant's son died at the place of occurrence itself. It was also alleged that they looted one chain and Rs.1 lac from the deceased.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that Babloo Raghav and Teetu @ Jagdish have been admitted to the concession of bail by another Bench of this Court by orders dated 27.04.2018 and 01.11.2018 passed in Criminal Misc. Bail Application Nos.15698 of 2018 (Babloo Raghav) and 38772 of 2018 (Teetu @ Jagdish), photocopies whereof supplied by learned counsel for the applicant has been perused by the Court, are taken on record and role assigned to the applicant is similar to role of other co-accused, who have already been enlarged on bail. He claims parity. He submitted that trial has not yet been concluded. He submitted that applicant is languishing in jail since 11.06.2018, hence he is entitled to be released on bail and he will not misuse liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also fact that aforesaid co-accused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Chhotu alias Sonu Sisaudiya involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.12.2021 R./