Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20404 of 2018 Applicant :- Gulfam Opposite Party :- State Of U.P.
Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged on 04.01.2018 against unknown persons alleging that on 30.12.2017 the dead body of Lokesh Srivastava was found on dasna over bridge; subsequently during investigation on 21.01.2018 Nyim, Shahrukh, Nyim @ Salman @ Kala, Gulfam, Israil, Akil, Wahid and Aslam were arrested by the Police with the recovery of some money and mobile; they confessed this incident; specifically stated that co-accused Nyim son of Bundu has caused the death of deceased with knife.
Learned counsel for the applicant submitted that the co-accused namely Wahid and Israil have been granted bail by this Court on 05.04.2018 & 09.04.2018 passed in Criminal Misc. Bail Application No. 12350 of 2018 & 12542 of 2018; the role of the applicant is identical to that of co-accused who have 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 an innocent person; general role has been assigned against all accused persons; 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 21.01.2018 (near about four months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that the role of this accused is identical to the role of the accused who have already been enlarged on bail and he has not received the criminal history against this accused.
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 the applicant Gulfam involved in the Case Crime No. 03 of 2018, under Sections 396, 412 I.P.C., P.S. Masoori, District Ghaziabad 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 :- 29.5.2018 S.K.