Exemption application is allowed.
Heard Shri Bharat Singh, learned counsel appearing for the applicants, Shri Sudhakar Singh, learned counsel appearing for the informant as well as learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicants that co-accused Awnesh @ Amlesh has been granted bail by this Court vide order dated 15.12.2020 passed in Criminal Misc. Bail Application No. 44946 of 2020. He further submits that since the role of the applicants are not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. It is further submitted that applicants have no previous criminal history. They are languishing in jail since 27.07.2020.
On the other hand, learned AGA as well as learned counsel for the informant opposing the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Niresh alias Viresh and Morpal alias Moharpal involved in Case Crime No. 488 of 2020, C.N.R. No. UPSL010028672020 under Sections 323, 504, 304 IPC, P.S. Gunnaur, District Sambhal be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i)The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurize/intimidate the prosecution witness.
(iii)The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
(v) The applicants 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 temper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.1.2021 Sanjeet