Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42747 of 2018 Applicant :- Jeetu @ Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
And
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42751 of 2018 Applicant :- Pannu Dhobi @ Sharukh @ Sharuk Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Both the bail applications have arisen out of one and the same case crime no. 1188 of 2017, so both are being heard together and are being disposed of by common order.
Heard Sri Kuldeep Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants contends that the applicants are not named in F.I.R. regarding murder of Shahid @ Bhuttu Pradhan on 22.6.2017 at about 2:30 P.M.; that the name of applicants has come to light in the discloser statement of co- accused Wasim on 24.8.2017 from whom the recovery fire arm, weapon of crime was made; that in the statement of Wasim no specific role has been assigned to applicants rather only this much has been stated that they also participated in the incident; that co-accused Shanu Thakur, Faiyaj, Smt. Hashmi, Chhotu @ Farjan, Nadeem, Najir, Imran, Shakeel Ajad and Shadab, who were named by Wasim, have been granted bail by the Sessions Court vide orders dated 27.10.2017, 31.07.2017 and 10.10.2017, copies filed at Annexure-8; that nothing incriminating has been recovered from the applicants; that they have not been assigned with the role of causing fatal injury to the deceased; that the case of applicants is distinguishable from Wasim and Fahim; that the applicants have no criminal history; that the applicants undertake that they will not misuse the liberty of bail; that the applicant Jeetu @ Jitendra is in custody since 17.5.2018 and applicant Pannu Dhobi @ Sharukh @ Sharuk in custody since 30.5.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicants Jeetu @ Jitendra and Pannu Dhobi @ Sharukh @ Sharuk be released on bail in Case Crime No. 1188 of 2017, under Sections 147, 148, 149, 302, 120B I.P.C., P.S. Kotwali Dehat, District Bulandshahr on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 28.11.2018 Md Faisal