Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15013 of 2018 Applicant :- Gatua Urf Gattu Urf Jagveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Aditya Kumar Tripathi 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.
Learned counsel for the applicant submitted that the co- accused Indresh @ Bauwa and Sukhveer Singh Urf Shaukeen Yadav had been enlarged on bail by this Court vide order dated 19.03.2018 and 13.4.2018 passed in Criminal Misc. Bail Application Nos. 7870 of 2018 and 13566 of 2018, the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant has been falsely implicated in the present case; the applicant is the informant and F.I.R was lodged against unknown persons; subsequently the name of Indresh, Sukhveer, Saurabh and Gatuwa were disclosed and charge-sheet has been submitted against them; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 10.01.2018 (more than three and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Gatua Urf Gattu Urf Jagveer involved in the Case Crime No. 362 of 2017, under Sections 302, 201, 120-B, 34 I.P.C., P.S. Usrahar, District Etawah be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 24.4.2018 A. Singh