Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15456 of 2018 Applicant :- Prashant Opposite Party :- State Of U.P. Counsel for Applicant :- Abhinav Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Anurag Sharma on behalf of complainant is taken on record.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.
According to the prosecution case, the F.I.R. was lodged on 22.10.2017 against five accused persons namely, Lokesh, Dipak, Prashant, Ravi, Vikram and some unknown persons alleging that on 21.10.2017 they assaulted Mohit Kumar with sharp-edged weapon, resultantly died.
Learned counsel for the applicant submitted that co- accused namely Deepak has been granted bail by this Court vide order dated 10.4.2018 in Criminal Misc. Bail Application No. 13100 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant has been falsely implicated in the present case; general role has been assigned against all the accused persons; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 23.10.2017 (more than five and half months) having no criminal history. There is no legal evidence against this accused.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and the case of present applicant is identical to co-accused Deepak 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 opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Prashant involved in the Case Crime No.
629 of 2017, under Sections 147, 148, 149, 302 I.P.C., P.S.
Thana Bhawan, District Shamli be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 26.4.2018 A. Singh