Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29971 of 2019 Applicant :- Neeraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Manas Bhargava, learned brief holder for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant was not named in the F.I.R. Initially in this case, final report/closer report was submitted by Investigating Officer, thereafter vide order dated 14.12.2017, Neeraj, Chanchal and Gajendra were summoned under Section 319 Cr.P.C. on the basis of statements of P.W.1 Jagveer, P.W.2 Omprakash, P.W.3 Sanjay and P.W.4 Mayank. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. Offences levelled against the applicant are not attracted in the present case. There is no legal evidence against the applicant. Applicant was summoned by the court concerned without giving opportunity of hearing as well as cross-examination of witnesses examined before the court. He is languishing in jail since 29.4.2019 (near about three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Gajendra has already been granted bail by co-ordinate Bench of this Court, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity.
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.
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 applicant Neeraj involved in Case Crime No. 732 of 2015 as well as S.T. No. 365A of 2016, under Sections 306, 498-A, 302/34 IPC, Police Station Massorie, District Ghaziabad 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 she is accused, or suspected, of the commission of which she 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 her 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 :- 26.7.2019 A. Singh