Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18290 of 2018 Applicant :- Paramjeet Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,Shri V.P. Srivastava, Senior Advocate Counsel for Opposite Party :- G.A.,Amit Daga
Hon'ble Aniruddha Singh,J.
First and second supplementary affidavit and counter affidavit filed today are taken on record.
Heard learned counsel for the applicant, Sri Amit Daga, learned counsel for the complainant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Paramjeet, Aman @ Golu, Deepak @ Deepu, Rachin, Vijendra and Deepank alleging that on 18.11.2017 at 5:30 P.M. they shot fire at Nakul with countrymade pistols. He received two firearm injuries and resultantly died. During investigation, countrymade pistols were recovered from Paramjeet, Rachin and Deepak and on confessional statement they confessed that they had shot fire at deceased.
It is submitted by learned counsel for the applicant that co- accused Aman @ Golu and Depank have already been enlarged on bail by coordinate Bench of this Court vide orders dated 1.5.2018 & 4.5.2018 passed in Criminal Misc. Bail Application Nos. 16220 of 2018 and 16715 of 2018 respectively and the applicant is entitled to bail on the ground of parity(Bail orders produced are taken on record). The applicant has been falsely implicated in the present case. There is recovery of countrymade pistol from this accused which has been planted by the police. He has been languishing in jail since 1.12.2017(more than five and half month) having no criminal history. 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. as well as Sri Amit Daga, learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. They admitted that the applicant has no criminal history.
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 Paramjeet involved in Case Crime No. 399 of 2017, under Section 147, 148, 149, 307, 302, 34, 504 IPC, Police Station Didauli, District Amroha 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 :- 28.5.2018 P.P.