Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8893 of 2019 Applicant :- Om Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant as well as Ms. Ladlee Pandey, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against four persons namely, Amar Pal, Om Prakash, Mahendra Pal and Dayaram @ Satish alleging that on 10.2.2018 when he was about to go to attend marriage, one unknown person knocked the door; deceased Ganga Ram came out and accompanied accused persons standing outside, for going to attend marriage; next day his dead body was found. According to postmortem report, he received one entry and one exit firearm antemortem injuries on right side of forehead.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 9.10.2018(more than four and half month) having no criminal history. He has been falsely implicated. Co-accused Amar Pal has already been granted bail by coordinate Bench of this Court vide order dated 22.1.2019 passed in Criminal Misc. Bail Application No.2604 of 2019 (Bail order is annexed as annexure 8 to the bail application), applicant's case is identical to him and he is also entitled to bail on the ground of parity. General role is alleged to have been assigned to all the accused. It is not clear as to who had caused fatal injury causing death. There is no independent witness. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to aforesaid co- accused who has been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Om Prakash involved in Case Crime No.44 of 2018,S.T. No. 878 of 2018, under Section 302, 201 and 120-B IPC, Police Station Nawabganj, District Bareilly 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 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 him 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 :- 28.2.2019 P.P.