Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14537 of 2021 Applicant :- Parvesh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Kumar Pandey,Rohit Nandan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. FIR was lodged against applicant and one co-accused Sandeep alleging that co-accused Sandeep was having illicit relations with wife of deceased and that on 4.10.2020, applicant and co-accused Sandeep have taken away the deceased on motorcycle. It was submitted that applicant has absolutely no motive to cause death of deceased and that motive was shown on the part of co-accused Sandeep. Further, the recovery of dead-body of deceased has been shown at the pointing out of co-accused Sandeep and Dev and thus, except alleged 'last seen' evidence, there is absolutely no other evidence against applicant. No recovery of any weapon or incriminating article has been shown from possession of applicant. Learned counsel has referred the statement of witnesses and submitted that the motive for committing murder of deceased was shown on the part of co-accused Sandeep and that dead-body of deceased was also recovered at the instance of co-accused Sandeep and Dev and that applicant was falsely implicated merely on the basis of alleged last seen evidence, which is not reliable. Criminal history of two cases was shown against applicant, which has duly been explained in supplementary affidavit and in both the cases, applicant is on bail. It has been further submitted that similarly placed co-accused Dev has already been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 2.07.2021, passed in Criminal Misc. Bail Application No.-4793 of 2021. It has been submitted that the applicant is languishing in jail since 08.10.2020 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Dev has already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Parvesh involved in Case Crime No.351 of 2020, under Sections 364, 506, 302, 201, 120-B & 34 IPC, P.S.
Sahpur, District Muzaffar Nagar, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 6.10.2021 Neeraj