Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44311 of 2018 Applicant :- Dainee Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely Satish, Ram Naresh, Suvami, Jitendra Yadav, Kaptan Singh and uncle (mama) of Ram Naresh alleging that on 1.11.2014 they looted household articles, Rs. 80,000/- and ornaments and assaulted family member of complainant. Beena (daughter of complainant) received injuries, resultantly died. Later on, accused Yusuf @ Kaliya, Sajid @ Bittu, Tauker @ Chairman, Anees, Muneesh, Sonu, Daini, Fobin and Sherkhan @ Najim were arrested by the police and recovered some ornaments, rupees mobile and illegal arms and they stated that this incident done by them. During investigation, named persons have been exonerated.
It is submitted by learned counsel for the applicant that co- accused namely Sonu and Yusuf @ Kaliya @ Razi @ Yunus have already been granted bail by co-ordinate Bench of this Court vide order dated 15.3.2018 and 14.8.2018 in Criminal Misc. Bail Application Nos. 35514 of 2015 and 25786 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Applicant was not named in the F.I.R. and not arrested on the spot. With regard to person and property, identification parade has not been conducted. The applicant is innocent and has been falsely implicated in the present case. There is no possibility to get this case decided in short period in future. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 4.11.2014 (near about four year and one month) having no previous criminal history 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 previous criminal history and the case of present applicant is identical to co-accused Sonu and Yusuf @ Kaliya @ Razi @ Yunus 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 applicant Dainee involved in S.S.T. No. 558 of 2015 as well as Case Crime No. 880 of 2014, under Sections 396 IPC, Police Station Tundla, District Firozabad 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 :- 28.11.2018 A. Singh