Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9234 of 2018 Applicant :- Hridyesh Nagar Opposite Party :- State Of U.P.
Counsel for Applicant :- Dr. C.P. Upadhyay,Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.,A.C.Srivastava,Sunil Kumar Dubey,Sushil Kumar Pandey
Hon'ble Aniruddha Singh,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Azhar Hussain, Advocate holding brief of Sri A.C. Srivastava, learned counsel for the complainant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against unknown persons alleging that two known persons came on pulsar and opened fire at Harun(father of complainant) on 14.9.2017 at about 1:10 P.M. Harun died on the way to hospital.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 4.11.2017(about one year and three months). Criminal history of three cases have been explained. He has been falsely implicated. He was not named in the FIR. Co-accused Jakir has already been granted bail by coordinate Bench of this Court vide order dated 13.4.2018 passed in Criminal Misc. Bail Application No.159 of 2018 (Bail order produced during argument is taken on record), applicant's case is identical to him and he is also entitled to bail on the ground of parity. There is no independent witness. There is no possibility to get this case decided in near future. 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. and learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. Learned AGA admitted that the applicant's case is identical to co-accused who has 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 Hridyesh Nagar involved in Case Crime No.472 of 2017, under Section 302, 120-B IPC, Police Station Link Road, District Ghaziabad 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 :- 27.2.2019 P.P.