Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46510 of 2017 Applicant :- Pankaj @ Lalla Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant as well as Sri Abdul Majeed, learned AGA for the State and perused the record.
The applicant Pankaj @ Lalla seeks bail in Case Crime No. 228 of 2016, under Sections 302 I.P.C. , Police Station-Vishnugarh, District-Kannauj.
It is contended by learned counsel for the applicant that applicant is not named in the F.I.R. and has been falsely implicated in this matter. It is next contended that name of the applicant has come into light after about 3 month during investigation in the statement of one Ajay Yadav. It is further contended that there is no eye witness account of the incident and the applicant has been falsely implicated in this matter on the basis of hearsay evidence, which is not admissible in the eye of law. It is next contended that identically placed co-accused Guddu @ Rama Shanker and Chandan have already been granted bail by this Court vide orders dated 11.08.2017 and 20.09.2017 passed in Criminal Misc. Bail Application Nos. 28303 of 2017 and 36515 of 2017 respectively. Hence, the applicant is also entitled for bail on the ground of parity. It is lastly submitted that the applicant is in jail since 09.03.2017 and the applicant has no any criminal antecedents except the present one.
Per contra, learned AGA opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary. However, he admitted that accused-applicant has no criminal history and co-accused Guddu @ Rama Shanker and Chandan have already been granted bail by this Court.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail.
Let the applicant Pankaj @ Lalla involved in Case Crime No. 228 of 2016, under Sections 302 I.P.C. , Police Station-Vishnugarh, District- Kannauj, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2017 AKT