Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33800 of 2019 Applicant :- Mandeep Opposite Party :- State Of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed today by Sri Ashish Pandey, Advocate on behalf of complainant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against Mahendra Gupta alleging that on 13.4.2019 at 6 p.m. deceased Afzal Ansari went to house of Mahendra Gupta, later on, dead body was found receiving three injuries, due to head injury, he died. During investigation, it was found that deceased has illicit relation with three girls due to which Mahendra Gupta killed him with the help of Mandip Gupta, Ramakant Gupta, Arun Gupta, Subash Gupta and Sapna.
It is submitted by learned counsel for the applicant that co- accused namely Ramakant and Subash Gupta have already been granted bail by this Court vide orders dated 8.8.2019 in Criminal Misc. Bail Application Nos. 30368 of 2019 and 30635 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and no legal evidence against the applicant. Applicant was not named in the F.I.R. During investigation, the name of applicant was disclosed after thought and due legal consultation. There is general allegation against the applicant. Main role was assigned to co-accused Mahendra Gupta. The case of applicant is distinguishable from co-accused Mahendra Gupta. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 10.6.2019 (near about two and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant opposed the prayer for bail.
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.
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 applicant Mandeep involved in Case Crime No. 84 of 2019, under Sections 147, 148, 302, 201, 34 IPC, Police Station Ghughali, District Maharajganj 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 :- 21.8.2019 A. Singh