Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8571 of 2019 Applicant :- Mohan @ Dabaloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Ms. Reema Gupta (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 12.9.2018 after thirteen days of the incident against two accused persons, namely Mohan @ Dabloo and Vinod alleging that on 29.8.2018 Chandan Singh was missing and his dead body was found in the well and on the basis of suspicion two persons were named.
It is submitted by learned counsel for the applicant that co- accused- Vinod has been granted bail by co-ordinate Bench of this Court vide order dated 2.1.2019 in Criminal Misc. Bail Application No. 48336 of 2018 and the case of the applicant is identical to the case of co-accused, who has already been enlarged on bail; hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 16.10.2018 (more than four months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. F.I.R. was lodged after thirteen days of the incident only on the basis of suspicion. There is no independent witness against the applicant. There is no eye witness against the applicant. There is no legal evidence against the applicant. There was no recovery on the pointing out of the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 and the case of present applicant is identical to co-accused Vinod, who has been enlarged on bail.
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 Mohan @ Dabaloo involved in Case Crime No.
159 of 2018, under Sections 302, 201 IPC, Police Station Badagaon, District Jhansi 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 :- 27.2.2019 OP