Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8857 of 2019 Applicant :- Gullu Alias Gulla Alias Aman Opposite Party :- State Of U.P. Counsel for Applicant :- Mir Sayed Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against unknown persons alleging that Rohit @ Akash who used to run a meat shop did not return home. His dead body was found on 28.5.2018. During investigation, it was found that Bhagwat Saran @ Chhotey, Shiva, Gullu and Dutta Pawle used to take drink with the deceased and on some dispute they killed him by way of strangulation.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 23.8.2018(more than six months) having no criminal history. He has been falsely implicated. He was not named in the FIR. There is no recovery from the applicant. Co-accused Bhagwat Saran @ Chhote, Shiva and Datta Pawle @ Golu have already been granted bail by coordinate Bench of this Court vide orders dated 7.12.2018,2.1.2019 & 23.1.2019 passed in Criminal Misc. Bail Application Nos. 46464 of 2018, 45760 of 2018 & 3342 of 2019 respectively (Bail orders are annexed as annexure 6 to the bail application), applicant's case is identical to him and he is also entitled to bail on the ground of parity. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to aforesaid co- accused who have been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Gullu alias Gulla alias Aman involved in Case Crime No.510 of 2018, under Section 302, 201, 34 IPC, Police Station Majhola, District Moradabad 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 :- 28.2.2019 P.P.