Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15954 of 2018 Applicant :- Jagveer Opposite Party :- State Of U.P.
Counsel for Applicant :- Preet Pal Singh Rathore Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
It is submitted by learned counsel for the applicant that the case of present applicant is identical to co-accused Shishupal, Ramveer,Arab Singh and Rajveer who have already been enlarged on bail by this Court vide orders dated 10.4.2018 and 23.04.2018 passed in Criminal Misc. Bail Application Nos.12818 of 2018, 12821 of 2018, 12221 of 2018 & 33638 of 2017 respectively and the applicant is entitled to bail on the ground of parity. Other co-accused Jugendra, Sukhvir, Kunwarpal and Surjeet have also been enlarged on bail by coordinate Bench of this Court. Bail orders produced are taken on record. Except co-accused Sudhir all other accused persons have been enlarged on bail. The applicant has been falsely implicated in the present case. He has no criminal history. He is languishing in jail since11.05.2017(more than eleven months) and in case he 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 case of this applicant is identical to above co-accused who 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Jagveer involved in Case Crime No.166 of 2017, under Section 147, 148, 149, 302, 307 IPC, Police Station Kadar Chowk, 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 :- 30.4.2018 A. Tripathi