Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39954 of 2019 Applicant :- Raju And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, Sri Mayank Mishra, learned brief holder for the State and perused the record.
Learned counsel for the applicants submitted that co-accused Mansa Rajbhar has been enlarged on bail by this Court vide order dated 22.8.2019 in Criminal Misc. Bail Application No. 34039 of 2019 and the case of the applicant is identical to the case of co-accused, who has already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. He further submitted that applicants that F.I.R. was lodged against six accused person including the applicant. After investigation by Investigating Officer, final report/closer report was submitted against them. Later on, protest petition was filed and vide order dated 28.3.2007 accused Subhash Rajbhar, Raju, Gabbar, Inroo, Mansa and Ramesh summoned for the offence under Sections 147, 148, 149, 302, 504, 506 IPC. The applicants are innocent and have been falsely implicated in the present case. There is general allegation against the applicants. There is no independent witness and no legal evidence against the applicants. Applicant was summoned without giving opportunity of hearing as well as cross-examination of witnesses. Offences levelled against the applicants are not attracted in the present case. They are languishing in jail since 6.8.2019 (more than one month) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
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 applicants have no criminal history and the case of the applicants is identical to the case of co- accused 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 applicants Raju And Ramesh involved in Case No. 1871 of 2019 as well as Case Crime No. 160-A of 2002, under Sections 147, 148, 149, 302, 504, 506 IPC IPC, Police Station Maharajganj, District Azamgarh 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 he is accused, or suspected, of the commission of which he is 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 :- 26.9.2019 OP