Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48008 of 2018 Applicant :- Imran Opposite Party :- State Of U.P.
Counsel for Applicant :- Surya Nath Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 14.12.2018.
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 unknown person alleging that on 2.7.2018 Abhai Pratap Singh was found dead in Innova Car. Subsequently, during investigation, it was found that with conspiracy of Geeta and Rahul, Abhai Pratap Singh was killed by Prem Singh, Imran and Hariom by strangulation.
Learned counsel for the applicant submitted that co-accused Prem Singh, Waseem and Hariom have been enlarged on bail by co-ordinate Bench of this Court vide orders dated 24.10.2018, 19.11.2018 and 4.12.2018 in Criminal Misc. Bail Application Nos. 40303 of 2018, 42867 of 2018 and 42862 of 2018 and the case of the applicant is identical to the case of co- accused, who have been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is languishing in jail since 19.7.2018 (more than four and half months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; the applicant is not named in the F.I.R.; recovery of Rs.1800/- was shown falsely; the money belongs to the applicant; there is no independent witness 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 criminal history and also admitted that the case of the present applicant is identical to the case of co-accused-Prem Singh, Waseem and Hariom, have 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 the applicant Imran involved in Case Crime No. 297 of 2018, under Section 302, 34, 120-B IPC, Police Station- Sahaswan, District-Budaun 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 :- 18.12.2018 OP