Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10018 of 2018 Applicant :- Dileep Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri A.C. Mishra, Advocateholding brief of Sri Sushil Dubey, learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against three accused namely, Dileep, Awdhesh and Shivam alleging that they killed Aryan aged 7 years(son of complainant) and threw his dead body in a pond on 14.11.2017. According to postmortem report he received three antemortem injuries(simple in nature) and cause of death was found asphyxia due to drowning.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 18.11.2017(more than one year and three months) having no criminal history. He has been falsely implicated due to suspicion. Co-accused Shivam has already been granted bail by coordinate Bench of this Court vide order dated 25.9.2018 passed in Criminal Misc. Bail Application No.35957 of 2018 (Bail order produced during argument, is taken on record), applicant's case is identical to him and he is also entitled to bail on the ground of parity. There is no evidence against the applicant. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to aforesaid co- accused who has been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Dileep involved in Case Crime No.706 of 2017, under Section 302, 201 IPC, Police Station Bhogaon, District Mainpuri 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 P.P.