Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that co-accused Govindra Gupta and Mangat Ram have already been granted bail by this Court vide Criminal Misc. Bail Application No. 39954 of 2015 (Govindra Gupta Vs. State of U.P.) and Criminal Misc. Bail Application No. 45917 of 2015 (Mangat Ram Vs. State of U.P) on 11.01.2016 and 07.04.2016 respectively. The F.I.R of the case was lodged against unknown persons. False recovery of the incriminating articles have been shown from the possession of the accused persons including the applicant and the same was connected with this case. From the possession of co-accused Gavindra Gupta one chain was recovered while Kundals and Kadas were recovered from the possession of the applicant and the co-accused Mangat Ram, who has already been released on bail. It is next submitted on behalf of applicant that his case is on similar footing to that of co-accused Gavindra Gupta and Mangat Ram, therefore, applicant may also be granted bail on the ground of parity. It has lastly been submitted that applicant is in jail since 03.09.2015 deserves to be enlarged on bail and in case of being enlarged on bail, he would not misuse he liberty of bail.
Learned A.G.A opposed the bail application and submitted that it is a case of brutal murder. The applicant was involved in the offence and the recovery of the Kundal and Kada has been made from the possession of the applicant. However, he has fairly conceded that co-accused, Gavindra Gupta and Mangat Ram have been enlarged on bail by this Court and therefore, case of the applicant is at par with the case of co accused, Gavindra Gupta and Mangat Ram, so he may be released on bail.
After considering the aforesaid rival arguments of the parties, material available on record and without expressing any final opinion on the merits of the case, it appears that co-accused have been released on bail, applicant is in jail since 03.09.2015 and case of the applicant is almost at par with the co accused Gavindra Gupta and Mangat Ram, who have been granted bail, except to above alleged recovery, no other evidence is available against them. Therefore, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Nischal Gupta be released on bail in Case Crime No. 690 of 2015, under Sections 302, 394, 411 IPC, Police Station Baradari, District Bareilly on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Court concerned, subject to following conditions:-
(I). Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(II). Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(III). Applicant shall remain present, in person, before the Trial Court on the dates fixed for (a) opening of the case; (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Any violation of above conditions will be granted misuse of bail and learned court below will be at liberty to pass appropriate orders in the matter regarding cancellation of bail.
Order Date :- 20.05.2016.
Vinod.