Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20746 of 2018 Applicant :- Mukesh Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- A.C.Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged on 04.04.2017 against five accused persons, namely, Rinky, Mukesh Gupta, Deepak, Mother of Rinky and Renu alleging that on 02.01.2017 they assaulted Vinod and killed by throttling, resultantly died.
Learned counsel for the applicant submitted that the co- accused Deepak Agarwal, Rinky, Sushma and Smt. Renu have already been enlarged on bail by this Court vide order dated 12.10.2017, 30.03.2018, 20.12.2017 and 10.4.2018 passed in Criminal Misc. Bail Application Nos. 39676 of 2017, 11538 of 2018, 50345 of 2017 and 12835 of 2018, copy of which has been taken on record; the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Due to enmity the applicant has been falsely implicated in the present case; the F.I.R. was lodged after three months and the delay has not been properly explained; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 01.07.2017 (near about eleven months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Mukesh Gupta involved in the Case Crime No. 154 of 2017, under Sections 302 I.P.C., P.S. Khoda, District Ghaziabad be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 31.5.2018 A. Singh