Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6884 of 2019 Applicant :- Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against Sukka and two unknown persons alleging that on 25/26.8.2018 at night, they shot fire at Dinesh, he received one gun shot injury, resultantly died. Later on, the name of four accused persons, namely, Pappu s/o Bhure, Pappu s/o Sonpal, Umesh @ Bhema and Virendra Lala was surfaced.
It is submitted by learned counsel for the applicant that co- accused namely Umesh @ Bheema and Virendra Lal and Narendra @ Pappu have already been granted bail by co- ordinate Bench of this Court vide order dated 11.2.2019, 8.2.2019 in Criminal Misc. Bail Application No. 5622 of 2019, 5479 of 2019 and 5642 of 2019, 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 innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of the applicant was disclosed. There is no independent witness and legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 17.11.2018 (near about three and half months) criminal history has been properly explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
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 applicant has no criminal history and the case of present applicant is identical to co- accused Umesh @ Bheema and Virendra Lal and Narendra @ Pappu 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, 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 applicant Pappu involved in Case Crime No. 292 of 2018, under Sections 302/34 IPC, Police Station Rajpura, District Sambhal 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 :- 26.2.2019 A. Singh