Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39748 of 2020 Applicant :- Montu @ Ayush Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh Khokher,Indra Mohan Singh,Mohd. Iqbal Farooqui Counsel for Opposite Party :- G.A.,Pankaj Bharti
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. FIR was lodged against six accused persons including applicant but during investigation, independent witnesses namely, Vikash, Vikki and Jaiveer have stated that at the time of alleged incident, applicant was present at village Binauli, district Baghpat and thus, he was not involved in the alleged incident. Learned counsel has also pointed out supplementary statement of first informant, wherein, she has inter-alia stated that the conspiracy of murder of her husband was hetched by co- accused Vinod and Mohit, who were lodged in jail, along with applicant Montu but when she was questioned about presence of applicant Monu at spot, she has stated that as face of Monu resembles with Sunni, thus due to error she has stated that Monu was present at spot. Learned counsel submitted that after investigation, charge-sheet has also been filed against applicant under Sections 302 and 120-B IPC showing him only as conspirator. It has been further submitted that similarly placed co-accused Vinod, who was also shown involved in conspiracy along with applicant, has already been enlarged on bail by co-
ordinate Bench of this Court, the copy of which, is available on record. The criminal history of one case under Section 174-A IPC has been shown against applicant but that case is fall out of the instant case and that applicant has no previous criminal history. It has been submitted that the applicant is languishing in jail since 24.12.2019 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail, and argued that applicant is named in FIR. It has been pointed out that eye-witness Pummy has made statement about presence and involvement of applicant in the incident. However, it could not be disputed that similarly placed co-accused Vinod has already been granted bail by this Court.
Perusal of record shows that case of applicant is distinguished from co-accused Vinesh Pal, Rachit and Sunil Dhanpal and that applicant has parity with case of co-accused Vinod who has already been granted bail by this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Montu @ Ayush involved in Case Crime No.850 of 2019, under Section 302, 120B I.P.C., registered at P.S. Kothwali Shamli, District Shamli, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 16.12.2021 Neeraj