Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19986 of 2018 Applicant :- Raju Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Pradeep, Aakash, Raju and Rajesh alleging that on 3.2.2017 at 7:30 p.m. they armed with firearms came on motorcycle and shot fire indiscriminately at Rehbar. He received gunshot injuries, resultantly died.
It is submitted by learned counsel for the applicant that the co-accused Pradeep and Akash have already been enlarged on bail by this Court vide order dated 18.04.2018 and 9.5.2018 passed in Criminal Misc. Bail Application Nos. 35435 of 2017 and 17292 of 2018, copy of which has been taken on record; the role of the applicant is identical to the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the applicant is languishing in jail since 23.02.2017(more than three months) having no criminal history; he has been falsely implicated in the present case; P.W.1(eye witness) to P.W.3(witnesses of facts) have not supported prosecution case and turned hostile, hence there is no evidence against this accused; according to prosecution case, Role of exhortation is assigned against the applicant; incident is of night and at the time of incident, there was no sunlight; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
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 applicant, and admitted that the applicant has no criminal history and the role of this accused is identical to the role of the accused who have already 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Raju Gupta involved in Case Crime No.136 of 2017, under Section 302, 34 IPC, Police Station Tronica City, District Ghaziabad 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 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.
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 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 :- 28.5.2018 A. Singh