Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32942 of 2021 Applicant :- Ranjeet Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Sahu,Sanjay Kumar Sahu Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 993/2020, under Sections 302, 34 IPC, police station Sahibabad, District Ghaziabad with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused- applicant is innocent and he has been falsely implicated in this case. It was submitted that applicant is not named in FIR, which was lodged against unknown persons. It was further submitted that after four days of the incident, two persons, namely, Ashish @ Ashu Halka and Sonu Ganja @ Sonpal Singh were arrested by the police and recovery of adhar card, PAN card and mobile phone of deceased was shown from them and that involvement of applicant has been falsely shown merely on the basis of statements of the aforesaid two co- accused persons and that no recovery of any incriminating article has been made from the possession of applicant. It was also submitted that there is no eye witness of alleged incident and that there is no such circumstantial evidence that deceased was last seen with applicant. Learned counsel has submitted that there is no evidence at all against the applicant. It was further submitted that similarly placed co-accused Ashish @ Ashu Halka and Anshul have already been enlarged on bail by coordinate Bench of this Court, copies of which have been produced and the same are taken on record. It has further been argued that the applicant is in judicial custody since 01.04.2021, having no previous criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. However it has not been disputed that similarly placed co-accused have already been enlarged on bail by coordinate Bench of this Court.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Ranjeet involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 17.9.2021 Anand