Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40280 of 2018 Applicant :- Pankaj Goel Opposite Party :- State Of U.P.
Counsel for Applicant :- Somya Chaturvedi,Sri Gopal S. Chaturvedi, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter and rejoinder affidavits filed today are taken on record.
Heard Sri Gopal S. Chaturvedi, Senior Advocate assisted by Ms. Somya Chaturvedi, learned counsel for the applicant, Sri P.K. Srivastava, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against 24 accused persons including the applicant alleging that on 17.07.2018, six floor tower was fallen down, three persons were died, later on, it was found that six persons were also died.
Learned counsel for the applicant submitted that co- accused namely Sanjeev Kumar, Shyamji Pathak, Dinesh and Quasim Khan have already been granted bail by this Court vide order dated 11.10.2018, 10.10.2018, 26.10.2018 and 2.11.2018 in Criminal Misc. Bail Application Nos. 38937 of 2018, 38807 of 2018, 40223 of 2018 and 41900 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is languishing in jail since 25.7.2018 (more than four months); having no criminal history; arrest of Kailash Tyagi, Aleen Gupta, Atul Tyagi, Nitin Tyagi, Najmu alias Najmuddin Chetan Tyagi alias Chetan Bhagwan Tyagi was stayed by the competent court. There was no intention to kill anybody. The applicant has no concern with the said building. Applicant is the owner of plot. There is no independent witness and no legal evidence against the applicant; the applicant is innocent and has been falsely implicated in the present case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in 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 and admitted that the applicant has no criminal history and the case of present applicant is identical to co-accused Sanjeev Kumar, Shyamji Pathak, Dinesh and Quasim Khan who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence and 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 the applicant Pankaj Goel involved in Case Crime No. 586 of 2018, under Sections 304, 337, 338, 427, 288, 34 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Kotwali Bisrakh, District Gautam Budh Nagar, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the 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 :- 26.11.2018 A. Singh