Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43455 of 2018 Applicant :- Pradeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contends that applicant has been falsely implicated; that as per averments made in F.I.R. Sandeep Kumar, deceased was called by co-accused Mohit and Mohit along with applicant, Sudhir and two others caused multiple injuries to Sandeep Kumar with Lathi, Danda, Iron rod etc. resulting in his death; that applicant did not participate in the incident in question; that co-accused Sudhir with similar role was granted bail by another Bench of this Court vide order dated 24.8.2018 passed in Criminal Misc. Bail Application No.31967 of 2018, copy filed at Annexure-6; that co-accused Mohit, who is alleged to have called deceased has also been granted bail by another Bench of this Court vide order dated 22.10.2018 passed in Criminal Misc. Bail Application No.38328 of 2018, copy produced for perusal which is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 9.3.2018.
Learned A.G.A. opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Pradeep be released on bail in Case Crime No.337 of 2018, under Sections 147, 148, 149, 302 I.P.C., P.S.
Sardhana, District Meerut, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2018 Kpy