Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47472 of 2018 Applicant :- Dinesh Pandit @ Pappu Opposite Party :- State of U.P.
Counsel for Applicant :- Hitesh Pachori,Sunil Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Shiva Kant Dubey, Advocate, holding brief of Sri Sunil Kumar Misra, learned counsel for applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No. 175 of 2018, under Section 364-A IPC, Police Station Jagner, District Agra.
3. It is stated by applicant that victim has been safely recovered and his statement recorded under Section 164 Cr.P.C., he has not named the applicant and co-accused Anil, Sunil and Ram Autar have been granted bail vide order dated 05.08.2019 in Criminal Misc. Bail Application No.993 of 2019 and co- accused Naresh has been granted bail vide order dated 27.10.2018 in Criminal Misc. Bail Application No.31777 of 2018 therefore, applicant is also entitled to be released on bail.
4. However, order passed by this Court in respect of bail application of Anil, Sunil and Ram Autar shows that Court has distinguished case of those co-accused with Dinesh Pandit and it has been clearly stated that main role has been assigned to Dinesh Pandit from whom son of Informant was recovered. Hence, case of applicant stand separated from other co-accused and recovery memo clearly shows recovery of victim from possession of applicant. In the counter affidavit, it has also been disclosed by State that applicant is involved in two more criminal cases i.e. Case Crime No.178 of 2018 under Section 307 IPC and Case Crime No.179 of 2018, both lodged as P.S. Jagner, District Agra. Considering the entire facts and circumstances, it also cannot be ruled out that applicant is capable of tampering or threatening the witnesses and enlarging him on bail may affect trial.
5. Looking to entire facts and circumstances, at this stage, I do not find it a fit case for grant of bail.
6. Application is accordingly rejected.
Order Date :- 27.11.2019 KA