Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54062 of 2021 Applicant :- Omkar Opposite Party :- State of U.P.
Counsel for Applicant :- Adesh Kumar,Barkha Chaudhary Counsel for Opposite Party :- G.A.,Akash Tomar
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Omkar in connection with Case Crime No.128 of 2021, under Sections 147, 148, 149, 302, 201, 34 I.P.C., Police Station Mawana, district Meerut.
The first information report of this incident was lodged by the complainant against five named persons including applicant. It was also alleged in the first information report that when on 27.03.2021 the complainant and his family members were searching his son, Bachan Singh informed that he had seen the named persons at 11.30 p.m. going to the pond. It was also alleged that complainant found the dead body of his son in the gunny bag near the pond.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused Anuj Kumar has been admitted to the concession of bail by another Bench of this Court by order dated 17.12.2021 passed in Criminal Misc. Bail Application No.53463 of 2021, photocopy whereof supplied by learned counsel for the applicant has been perused by the Court, is taken on record and role assigned to applicant is similar to role of other co-accused, who has already been enlarged on bail. He claims parity. He submitted that 28.03.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co-accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Omkar involved in the aforesaid crime be released on bail on 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;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 22.12.2021 R./