Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been given by the accused applicant Gaurav @ Hulla in Case Crime No. 383 of 2020, under Sections 364, 376-D, 302, 201, 120-B I.P.C., P.S.- Iglas, District Aligarh.
Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. It is submitted that three accused persons were named in the F.I.R. and out of them, Yogesh and Pappu have already been granted bail by the coordinate Bench of this Court vide orders dated 16.12.2020 and 21.1.2021 in Crl. Misc. Bail Application Nos. 43904 of 2020 and 3249 of 2021; on the basis of confessional statement, name of five more persons came in light and all five persons whose names came in light subsequently, have been granted bail and such three bail orders in respect of three accused persons namely Chandraprakash, Mukesh and Shailu have been placed before the Court by learned counsel, which are taken on record. Submission is that when the accused applicant was arrested, he was forced to make confession and on his pointing out ladies purse belonging to the deceased containing Adhar Card and other papers of the deceased were recovered. It is submitted that case of the applicant is on identical footing with co-accused Yogesh on whose pointing out Marshal Car was recovered, which was used in kidnapping of the deceased. Further submission is that there is no criminal history of the accused applicant and charge-sheet has already been filed after police investigation and applicant is prepared to furnish sureties and bonds, therefore, there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 1.9.2020 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. However, he has not disputed the aforesaid facts and he has also not disputed that all other accused persons have been granted bail by the coordinate Bench of this court.
Having heard the submission of learned counsel of both sides, considering the similar role with co-accused persons, who have been granted bail and on the ground of parity and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 4.2.2021 Dhirendra/