Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15745 of 2018 Applicant :- Jogindra @ Joginder Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against thirteen accused persons, including this accused alleging that on 03.11.2017 they assaulted Sanjay, Anees, Raj Mohan, Indu, Aneeta and Rajan, they received injuries; Sanjay received injuries grievous in nature, resultantly died.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the co-accused Arjun, Raju, Dharmendra, Mukesh, Satendra, Birbal, Deepa, Kamlawati, Chhedi and Tuntun have already been enlarged on bail by this Court, the role of the applicant is identical to the co- accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; general role has been assigned against all accused persons; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 14.11.2017 (more than five and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history aginst this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Jogindra @ Joginder involved in the Case Crime No. 355 of 2017, under Sections 147, 323, 504, 506, 304 I.P.C., P.S. Barhaj, District Deoria be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 27.4.2018//A. Singh