Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43498 of 2021 Applicant :- Parikshit @ Parishad Opposite Party :- State of U.P.
Counsel for Applicant :- Atul Tej Kulshrestha,Vinay Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Atul Tej Kulshrestha, learned counsel for the applicant, learned A.G.A for the State as well as Sri Kamal Kishore Mishra, learned counsel for the informant and perused the record.
It has been argued by learned counsel for the applicant that applicant is not named in the first information report. The first information report was lodged against one Sanjay, Sahil and one unknown person but during investigation, the said named persons were exonerated and that involvement of the applicant was shown merely on the basis statement of co-accused persons and that no recovery of any incriminating article has been made from the applicant. It was submitted that even according to the statement of co-accused Rohit @ Chotu and Akash, no specific role was assigned to the applicant in causing death of deceased. Learned counsel submitted that there is no eye-witness of alleged incident and that applicant has been falsely implicated merely on the basis of suspicion and that there is no cogent evidence against the applicant. It was submitted that statement of co-accused cannot be considered as substantive evidence against the applicant. Learned counsel further submitted that the co- accused Pravesh @ Koli, having identical role, has been allowed on bail by coordinate Bench of this Court vide order dated 25.8.2021 passed in criminal misc. bail application no.29597 of 2021. Case of the applicant is not distinguishable. Applicant is languishing in jail since 16.05.2021, having no criminal history and that in case the applicant 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. as well as learned counsel for the informant opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, the fact that identically placed co-accused has already been enlarged on bail, and 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 the applicant Parikshit @ Parishad involved in Case Crime No.180 of 2021 under Sections 302, 120-B IPC, Police Station Kandhala, District - Shamli be released on bail on furnishing a personal bond and two heavy 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. 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.
4. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.10.2021 ss