Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15876 of 2018 Applicant :- Mintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Kumar Singh 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 four accused persons, namely, Aditya, Vishal, Rohit and Rahul alleging that on 14.10.2017 at about 17:00 p.m. they shot fire upon the Mukesh and he has received three firearm injuries on head, resultantly he died; the name of this accused was disclosed in the confessional statement of co-accused Aditya.
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; main enmity was against the co-accused Aditya; the main role of firing upon the deceased has been assigned to the co-accused Aditya, Vishal and Rohit; the name of this accused was disclosed in the confessional statement of co-accused Aditya; there is no legal evidence against the applicant; the co-accused Rahul has already been enlarged on bail by this Court vide order dated 04.04.2018 passed in Criminal Misc. Bail Application No. 12287 of 2018, copy of which has been annexed as Annexure-7 of the bail application; 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; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; the applicant is not named in the F.I.R; he is languishing in jail since 23.03.2018 (more than one month) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and also admitted that the main role of firing upon the deceased has been assigned to the co-accused Aditya, Vishal and Rohit, 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 Mintu involved in the Case Crime No. 536 of 2017, under Section 302, 120B and 506 I.P.C., P.S. Seohara, District Bijnor 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 :- 30.4.2018 A. Tripathi