Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48601 of 2018 Applicant :- Fida Husain @ Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishwanath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in Case Crime No. 93 of 2018, under Sections 302 and 201 of the Indian Penal Code, 1860, Police Station - Belghat, District - Gorakhpur.
As per prosecution version, on 14.05.2018, dead body of Kedar, son of informant Ramesh Chandra Sharma, was recovered from the side of a road.
Learned counsel for the applicant contended that applicant has been made accused in the present case only on the basis of confessional statement before the police. Later on, on 01.06.2018, a false recovery of Rs. 300/-, 'Aadhar' Card and PAN Card belonging to the deceased was shown from the possession of the applicant. The applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against him. Co-accused Ram Singh, having similar role to that of the present applicant, has already been admitted to bail vide order dated 24.08.2018 passed by this Court in Criminal Misc. Bail Application No. - 31980 of 2018 (Ram Singh v. State of U.P.). Hence, the present applicant is also entitled to be enlarged on bail on the ground of parity. Moreover, the applicant has no criminal antecedents and is languishing in jail since 01.06.2018.
Per contra, learned A.G.A. has opposed the prayer for bail, however, admitted this fact that applicant has been made accused in the present case only on the basis of confessional statement before police and the abovementioned recovery.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
In view of above, the prayer so made is accepted and accordingly, the instant application stands allowed.
Let the applicant - Fida Hussain alias Sonu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 20.12.2018 I. Batabyal