Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4025 of 2019 Applicant :- Dilshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicant, Sri Mayank Kishra (B.H.) learned counsel appearing for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against seven accused person, namely, Rajendra, Mukesh Hariyana, Dilshad, Ahsan, Imran, Jeeshan and Jarif alleging that on 29.9.2018 they demanded Rs.5 lac as extortion and threatened to kill the complainant.
Learned counsel for the applicant submitted that co-accused Jeeshan and Ahsan and Rajendra have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 3.12.2018 and 18.12.2018 in Criminal Misc. Bail Application Nos. 44158 of 2018 and 48426 of 2018 and the case of the applicant is identical to the case of co-accused who have been enlarged on bail and the applicant is also entitled to bail on the ground of parity; the applicant is languishing in jail since 29.9.2018 (more than three and half months) having no criminal history; nothing was recovered on the pointing out the applicant or from possession of the applicant; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in 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 and admitted that the applicant has no criminal history and also admitted that the case of the 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 Dilshad involved in Case Crime No. 187 of 2018, under Section 386, 506, 411, P.S.-Bahadurgarh, District- Hapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant 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 appellant 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