Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19951 of 2018 Applicant :- Mohit Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Imdad Siddiqui,Imran Ullah Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against three unknown persons & one Pulsar motorcycle alleging that on 17.7.2017 Rs.68,00,000/- was looted by three unknown persons who came on motorcycle and they shot fire at Rakesh Kumar Mishra and assaulted Qalamuddin with butt. Rakesh Kumar Mishra died resultantly. FIR was lodged under Section 302 and 394 IPC. During investigation, Sonu, Deepak Sharma @ Abhishek @ Hanuman, Rajat Sharma, Rocky @ Avesh, Arun @ Tohri and Mohit were arrested by the police personnel in police encounter case and Rs. 1,00,000/- each from Sonu, Deepak, Rajat; Rs.95,000/- from Rocky, Rs.65,000/- from Arun and Rs.1,10,000/- from Mohit were recovered. Co- accused Sumit, Lalit, Gopal @ Sandeep and Vikas fled away. Rs.10,000/- each from Lalit & Sandeep and Rs.20,000/- from Gopal were recovered in police remand and charge sheet has been submitted against nine accused. During investigation Vikas Jat died on 28.9.2017. Statement of injured Kalamuddin was recorded and stated that he identified co-accused Sumit Chaudhari who was shot fire at deceased.
It is submitted by learned counsel for the applicant that co- accused namely Sandeep @ Gopal and Lalit has been granted bail by this Court vide order dated 2.5.2018 and 22.3.2018 in Criminal Misc. Bail Application No. 1665 of 2018 and 5134 of 2018, 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 not named in the FIR and he has been falsely implicated in the present case. He is languishing in jail since 25.7.2017 (more than ten months) having no previous criminal history. There was no independent witness or eye witness account. No identification of persons or property was done. Hence there is no legal evidence against this accused. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no previous criminal history and his case is identical to co-accused Sandeep @ Gopal and Lalit 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Mohit involved in Case Crime No.370 of 2017, under Section 396, 412, 120-B, 34 IPC, Police Station Gandhi Park, District Aligarh 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 :- 28.5.2018 A. Singh