Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35462 of 2018 Applicant :- Rakesh @ Patriya Saroj Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard Sri Jai Singh Yadav, learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, on the application 156(3) Cr.P.C. F.I.R. was lodged on 1.3.2017 against five accused persons, namely, Sandeep Maurya, Sangam Lal, Smt. Sursati, Vijay Kumar and Smt. Shashikala; alleging that due to previous enmity relating land dispute on 27.11.2016 they killed Vishwanath Patel. During investigation, charge sheet has been submitted against five accused persons namely Vijay Kumar, Smt. Shashikala, Sone Lal Patel, and Suneel Kumar Saroj. The name of the applicant was disclosed by co-accused Sone Lal Patel in his confessional statement before police personnel.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is not named in the F.I.R.; offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 10.05.2017 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no evidence against the applicant except the confessional statement of co-accused Sone Lal Patel. Co-accused namely Jeet Lal Saroj, Vijay Kumar, Sunil Kumar Saroj and Sone Lal Patel have been granted bail by co-ordinate Bench of this Court vide order dated 3.4.2018, 2.11.2017, 16.11.2017, 24.8.2017 in Criminal Misc. Bail Application No. 11897 of 2018, 42198 of 2017, 44266 of 2017 and 30959 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
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 applicant has no criminal history.
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, Rakesh @ Patriya Saroj, involved in Case Crime No. 132 of 2017, under Sections 147, 302, 201 IPC, Police Station Kareli, District Allahabad 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 :- 24.9.2018 K.K. Maurya