Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45434 of 2018 Applicant :- Gayasuddin @ Sahabuddin @ Neta @ Reporter Opposite Party :- State Of U.P.
Counsel for Applicant :- Sumit Kumar Srivastava 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 6-7 unknown persons alleging that on 14.9.2015 they looted household and some ornaments and assaulted family member of complainant with lathi-danda and iron rod. Chintamani Tripathi received injuries, resultantly died. Later on, accused Gayasuddin @ Shahabuddini @ Neta @ Reporter, Kamaluddin @ Kamaruddin, Arshad @ Ahmad, Rajesh @ Rajesh, Vipin Kumar were arrested by the police and recovered some ornaments and illegal arms and they stated that accused Maujam Banjara, Jilajeet Banjara and Khurshid were also indulged in this crime.
It is submitted by learned counsel for the applicant that co- accused namely Rajesh and Khursheed have already been granted bail by co-ordinate Bench of this Court vide order dated 22.12.2015 and 29.9.2016 in Criminal Misc. Bail Application Nos. 45696 of 2015 and 30434 of 2016, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Applicant was not named in the F.I.R. and not arrested on the spot. With regard to person and property, identification parade has not been conducted. The applicant is innocent and has been falsely implicated in the present case. There is no possibility to get this case decided in short period in future. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 7.11.2015 (near about three years and one month) having no previous 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 previous criminal history and the case of present applicant is identical to co-accused Rajesh and Khursheed 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 Gayasuddin @ Sahabuddin @ Neta @ Reporter involved in Case Crime No. 966 of 2015, under Sections 396 & 412 IPC, Police Station Khalilabad, District Firozabad 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 :- 28.11.2018 A. Singh