Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8219 of 2019 Applicant :- Deepu Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Bipin Kumar and Sri Mohd. Naushad Siddiqui, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against Pappu alleging that on 20.4.2018, he killed Bhupendra Singh by shot fire. During investigation, the name of accused persons namely, Avdhesh, Naththi Singh, Kampodar Singh, Narendra Singh, Vinod Singh and Deepu was surfaced.
It is submitted by learned counsel for the applicant that co- accused namely Vinod Singh, Narendra and Campoter @ Rajkumar have already been granted bail by co-ordinate Bench of this Court vide order dated 2.11.2018 and 17.12.2018 in Criminal Misc. Bail Application Nos. 41627 of 2018 and 48083 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. During investigation, the name of applicant was surfaced. Main role of firing was assigned to co-accused Pappu. There are general allegations against all accused persons except co-accused Pappu. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 15.1.2019 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
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 the case of present applicant is identical to co- accused Vinod Singh, Narendra and Campoter @ Rajkumar 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 Deepu involved in Case Crime No. 202 of 2018, under Sections 302, 120-B IPC, Police Station Sainya, District Agra 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 :- 26.2.2019 A. Singh