Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8774 of 2019 Applicant :- Chhutke @ Gyanendra Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely, Monu Singh, Chhutkey, Sahab Singh, Rajesh Singh and Hardev alleging that on 1.8.2018, deceased went with Monu and Chhotkey. Later on, Sahab Singh, Rajesh Singh and Hardev assaulted the deceased with lathi, danda, bricks and butt of country made pistol and drowned him. He received two injuries on head.
Learned counsel for the applicant submitted that co-accused Monu has been enlarged on bail by co-ordinate Bench of this Court vide order dated 21.2.2019 in Criminal Misc. Bail Application No. 7501 of 2019 and the case of the applicant is identical to the case of co-accused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 9.8.2018 (more than six months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case. The evidence against the applicant is last seen only. There is no eye witness account against the applicant. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 also admitted that the case of the present applicant is identical to the case of co-accused Monu, 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 Chhutke @ Gyanendra Singh involved in Case Crime No. 573 of 2018, under Section 302, 201, 506 IPC, Police Station-Ghatampur, District-Kanpur Nagar 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 OP