Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8116 of 2018 Applicant :- Rajendra Singh And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicants and learned AGA for the State, and perused the record.
It is submitted by learned counsel for the applicants that cases of present applicants are identical to co-accused Ram Avtar, Randheer, Vinod, Surendra, Mani Ram and Munna Lal who have already been enlarged on bail by coordinate Bench of this Court and the applicants are entitled to bail on the ground of parity (bail orders produced are taken on record). They have been falsely implicated in the present case. They are languishing in jail since 2.1.2018(more than three months) having no criminal history. There is no possibility to get this case decided in short period in future. There was no independent witness. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that there is cross case being Case Crime No. 233 of 2009 under Section 302 IPC; initially Final Report was submitted in the case and on protest petition, accused applicants have been summoned.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants. He admitted that the applicants have no criminal history and their case is identical to co-accused who have been enlarged on bail.
Having regard to the facts and circumstances of the case and having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that one more opportunity be granted to the applicants. The bail application is allowed.
Let applicants Rajendra Singh, Vijay Pal and Sheoraj involved in Case Crime No. 233-A of 2009, under Sections 147, 148, 149, 307, 302, 504, 506 IPC, Police Station Dadon, District Aligarh 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 :- 25.4.2018 P.P.