Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8559 of 2019 Applicant :- Deepak Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Rai,Sri Kamal Krishna, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri D.N. Tiwari, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 6.10.2018 after six days of the incident against three accused persons, namely, Laddu, Manish and Deepak alleging that on 30.9.2018 they had last seen Babloo Madhesiya and later on his dead body was found.
It is submitted by learned counsel for the applicant that co- accused- Manish Singh and Laddu @ Dilip Kumar Madhesiya have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 15.2.2019 and 22.2.2019 in Criminal Misc. Bail Application Nos.6585 of 2019 and 7536 of 2019 and the case of the applicant is identical to the case of co-accused who have already been enlarged on bail; hence the applicant is also entitled for bail on the ground of parity. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness against the applicant. There is no eye witness account against the applicant. The applicant is languishing in jail since 7.10.2018 (more than four months) five cases of criminal history have been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. No recovery was made on the pointing out of the applicant.
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 the case of the applicant is identical to the case of co-accused- Manish Singh and Laddu @ Dilip Kumar Madhesiya, who have 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 Deepak Singh involved in Case Crime No. 248 of 2018, under Sections 302, 201, 504, 506 IPC, Police Station Tarkulwa, District Deoria 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 :- 27.2.2019 OP