Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23991 of 2019 Applicant :- Devendra Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No.207 of 2016, under Sections 147, 148, 149, 308, 323, 324, 325, 326, 504, 506 I.P.C., P.S. Rampura, District Jalaun with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case; that applicant was not charge sheeted by the police; that he has been summoned under Section 319 Cr.P.C.; that co-accused, who were charge sheeted by the police, are already on bail; that there is no reliable evidence against the applicant; that during investigation witnesses have not made any specific allegation against the applicant; that there was delay of eight days in lodging the F.I.R.; that co-accused Mayank Pandey and Kallu Tripathi have already been granted bail by this Court vide orders dated 27.10.2016 and 17.11.2016, passed in Criminal Misc. Bail Application Nos. 37080 of 2016 and 39970 of 2016, respectively; that since the role of the applicant is identical to that of the co-accused, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and that he is languishing in jail since 10.05.2019, having no criminal history.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Devendra involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not pressurize 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 applicant is accused, or suspected of the commission, of which applicant is suspected.
(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 them from disclosing such facts to the Court or to any police officer or temper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 11.6.2019 Atul