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Gajraj Saini vs State Of U P

High Court Of Judicature at Allahabad|27 February, 2019
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JUDGMENT / ORDER

Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8532 of 2019 Applicant :- Gajraj Saini Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Srivastava,Hari Ram Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against six accused persons, namely Rajvansh Bagadi, Devendra Bagadi, Rohit Saini, Gajraj Saini, Aman and Deepak alleging that on 17.8.2018 they killed Suchita aged about 14 years by setting her on her pouring kerosene oil, with intent to outrage her modesty. On 17.8.2018, dying declaration was recovered, she stated Rohit, Aman, Deepak and Bagadi setting her on fire pouring kerosene oil.
It is submitted by learned counsel for the applicant that co- accused namely Devendra Bagri has already been granted bail by co-ordinate Bench of this Court vide order dated 6.2.2019 in Criminal Misc. Bail Application No. 3348 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The name of applicant was not mentioned in her dying declaration. There is no independent witness and no legal evidence against the applicant. There is general allegation against the applicant. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 22.8.2018 (more than six months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 the case of present applicant is identical to co- accused Devendra Bagri who has 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 applicant Gajraj Saini involved in Case Crime No. 916 of 2018, under Sections 147, 148, 452, 323, 354, 307, 302, 504, 506 IPC and Section 7/8 Protection of Sexual Offences from Children Act, Police Station Sardhana, District Meerut 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 A. Singh
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Title

Gajraj Saini vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 February, 2019
Judges
  • Aniruddha Singh
Advocates
  • Ashok Kumar Srivastava Hari Ram