Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45701 of 2018 Applicant :- Dharmendra Alias Dharmveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against five accused persons alleging that on 21.01.2017 some unknown persons looted the truck and killed cleaner of the truck, namely, Shahrukh; the F.I.R. was registered under Section 396 I.P.C; during investigation it was found that Satendra Pal Singh, Sumit Kumar @ Moti Lal, Manoj Kumar Chaudhary and Dharmendra were indulged in this crime; from the pointing out of Sumit Kumar @ Moti Lal mobile phone of deceased and onion looted from the truck was recovered and it was also found that other co-accused were also indulged in this crime.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the co-accused Satendra Pal Singh, Sumit Kumar @ Moti Lal, Manoj Kumar Chaudhary and Banti Singh @ Chacha have already been enlarged on bail by this Court vide order dated 27.11.2017, 15.02.2018, 13.11.2017 and 17.4.2018 passed in Criminal Misc. Bail Application Nos. 45939 of 2017, 2940 of 2018, 26473 of 2017 and 40624 of 2017; the name of this accused was disclosed on the confessional statement of co-accused; the applicant is not named in the F.I.R; there is no recovery on the pointing out of this accused; there is no evidence against the applicant; the role this accused is not grievous than the accused enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.2.2017 (near about one year and ten months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Dharmendra Alias Dharmveer involved in the Case Crime No. 36 of 2017, under Sections 396, 412 I.P.C., P.S. Sikandra, District Kanpur Dehat be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass 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 the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 29.11.2018 A. Singh