Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22683 of 2019 Applicant :- Gayadeen Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against Balwant Pradhan, son of Balwant, Hemraj and Kalloo Baba @ Dinesh Kumar. The name of applicant came into light in the confessional statement of co-accused Kalloo Baba @ Dinesh Kumar after 16 months of the alleged incident. Except the confessional statement of co-accused there is no other cogent evidence against the applicant. It has further been submitted that the recovery of Adhar Card has been shown on the pointing out of the applicant. The false recovery has been planted against the applicant. It has further been submitted that there is no eye witness of the alleged incident. The applicant has no motive to commit the alleged offence. It has further been submitted that the applicant has not committed the alleged offence. He has no concern with the alleged incident. The co- accused Chhote Nishad @ Jamwant having identical role has already been released on bail by this court vide order dated 2.5.2019. in Criminal Misc. Bail Application No. 18614 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 9.12.2018.
Per contra; learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Chhote Nishad @ Jamwant having identical role has already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Gayadeen Tiwari involved in Case Crime No. 291 of 2017, under section 147, 148, 364, 302, 201 IPC, P.S. Sajeti, District Kanpur Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.5.2019 A.