Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4339 of 2019 Applicant :- Mohit And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, Sri S.K. Tripathi, brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against five accused persons, namely Anshu, Saim, Parul, Titu and Mohit alleging that on 26.8.2018 they assaulted Dinesh with lathi, he received five injuries, resultantly died. Later on, statement of informant Smt. Virma Devi was recorded, she clearly stated that accused Saurabh was also assaulted Dinesh.
It is submitted by learned counsel for the applicants that co-accused namely Saurabh Singh and Titu Alias Pankaj Singh have already been granted bail by this Court vide order dated 31.10.2018 and 27.11.2018 in Criminal Misc. Bail Application No. 41598 of 2018 and 45149 of 2018, since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. The applicants are innocent and have been falsely implicated in the present case. It is not clear from the prosecution case, who was the author of said injury due to which he died. There is general allegations against all accused persons. Offences levelled against the applicants are not attracted in the present case. There is no independent witness and no legal evidence against the applicants. They are languishing in jail since 28.8.2018 (more than five months) having no criminal history and in case they are released on bail, they 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 applicants and admitted that applicants have no criminal history and the case of present applicants is identical to co-accused who have 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 applicants Mohit and Parul involved in Case Crime No.
394 of 2018, under Sections 147, 304, 452/34 IPC, Police Station Kotwali, District Pilibhit 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 30.1.2019 A. Singh