Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29283 of 2019 Applicant :- Lokendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra,Anil Kumar Tiwari Counsel for Opposite Party :- G.A.,Sandeep Kumar Singh
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri D.N. Tiwari, learned AGA for the State and perused the record.
In compliance of order dated 23.7.2019 personal affidavit of Sailesh Kumar Pandey, Superintendent of Police, Baghpat has been filed stating therein that instruction has been issued.
No further action is required.
According to prosecution case, FIR was lodged against Ajay, Lokendra and two unknown boys alleging that on 3.1.2019 they abducted Mohit(son of complainant) and killed. He died sustaining four lacerated wounds. During investigation, motorcycle and countrymade pisol were recovered at the pointing out of co-accused Ajay and name of one Deepak was also surfaced alleging that he was also indulged in the crime. Role of Deepak and Lokendra was catching hold the deceased.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 18.1.2019(more than six months) having no criminal history. He has been falsely implicated. Co-accused Deepak has already been granted bail by the trial Court. (Bail order is annexed as annexure 14 to the bail application), applicant's case is identical to him and he is also entitled to bail on the ground of parity. There is no legal evidence except confessional statement of Ajay before police personnels wherein he stated the he shot dead the deceased with the help of Deepak and Lokendra. Main role was assigned to Ajay and one countrymade pistol was also recovered from him. Role of applicant is extended upto catching hold. The case of applicant is distinguishable from Ajay. 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. 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 his case is identical to co-accused Deepak who has been granted bail by this Court.
Learned counsel for the complainant submitted that sister of accused Ajay was kidnapped by Prashant(younger brother of deceased).
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 Lokendra involved in Case Crime No.09 of 2019, under Section 364, 302 IPC, Police Station Baraut, District Baghpat 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 :- 30.7.2019 P.P.