Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34336 of 2018 Applicant :- Pappu @ Yusuf Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Yadav 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 and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against four accused persons namely, Papppu @ Yusuf Khan, Raju, Deepak and Raj Kumar alleging that on 10.6.2017 they were arrested by the police with four countrymade pistol, four live cartridges of 315 Bore and two motorcycles, out of which one motorcycle and other stolen articles were recovered from the possession of accused applicant.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Raju who has already been enlarged on bail by coordinate Bench of this Court vide order dated 9.5.2018 passed in Criminal Misc. Bail Application No.17438 of 2018 and the applicant is entitled to bail on the ground of parity(Bail order produced is taken on record). He has been falsely implicated in the present case. He is languishing in jail since 23.10.2017(more than eleven months). There was no independent witness.Criminal history of 19 cases have been explained. 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's case is identical to co-accused Raju 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Pappu @ Yusuf involved in Case Crime No.415 of 2017, under Section 15 D.A.A. Act, Police Station Sadar, District Agra 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 :- 24.9.2018 P.P.