Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4075 of 2019 Applicant :- Dharmendra Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Ho'ble The Chief Justice vide order dated 29.01.2019.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.) learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four unknown persons alleging that on 1.11.2017 the brother of the complainant Sabuddin had gone in four wheeler Maruti Car. Later on, the dead body of Sabuddin was recovered. He sustained four injuries i.e. abrasions, contusions on chest,head, face and on ear.
Learned counsel for the applicant submitted that co-accused Kuldip @ Kallu, Sachin and Harvir have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 10.12.2018, 21.12.2018 and 30.11.2018 in Criminal Misc. Bail Application Nos. 35965 of 2018, 48767 of 2018 and 13553 of 2018 and the case of the applicant is identical to the case of co- accused, who have been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is languishing in jail since 10.11.2017 (one year and two months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; general role has been assigned to all accused; there is no recovery on the pointing out the applicant, recovery was made against other co- accused, who have been enlarged on bail; he is not named in the F.I.R.; there is no independent witness 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 applicant further submitted that there is no possibility to get this decided in near future.
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 also admitted that the case of the present applicant is identical to the case of co-accused 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 the applicant Dharmendra involved in Case Crime No. 872 of 2017 (S.T. No. 303 of 2018), under Section 302, 201, 34 IPC, Police Station-Sikandrabad, District-Bulandshahar 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 :- 29.1.2019 OP