Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2538 of 2019 Applicant :- Mohit Opposite Party :- State Of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 18.01.2019.
Heard learned counsel for the applicant, Sri R.K. Singh (B.H.) appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against nine accused persons, namely Girdhari, Dayaram, Rajesh, Jai Singh, Avnish Kumar, Mohit, Sitaram @ Nanhey, Hardwari and Subedar alleging that on 17.3.2014 they assaulted Ram Awatar and Rajpal by swords, kantas, alas and bankas (sharp edged weapons). Ram Awatar received eleven injuries. Eight are incised wounds, resultantly died. After investigation, against six accused persons, charge- sheet was submitted and Girdhari, Avanish and Mohit were summoned under Sections 319 Cr.P.C. on 4.11.2015. During investigation, they were exonerated.
Learned counsel for the applicant submitted that co- accused Girdhari Lal has been enlarged on bail by co- ordinate Bench of this Court vide order dated 3.5.2016 in Criminal Misc. Bail Application No. 13101 of 2016 and the case of the applicant is identical to the case of co- accused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is languishing in jail since 16.11.2018 (more than two months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; the applicant was summoned under Section 319 Cr.P.C. without giving any opportunity of hearing as well as witness; there is no independent witness 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 also admitted that the case of the present applicant is identical to the case of co-accused Girdhari Lal, 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 the applicant Mohit involved in Case Crime No. 229 of 2014, under Section 147, 148, 307, 302, 394 IPC, Police Station-Tilhar, District-Shahjahanpur 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 :- 21.1.2019 OP