Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4300 of 2018 Applicant :- Rashid @ Chalta Firta Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kr. Srivastava,Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against unknown persons alleging that on 01.09.2014, 3-4 unknown persons entered into the house of the complainant Naunihal Dagar and looted some ornaments and assaulted Smt. Anjali, resultantly she died; during investigation it was found that this incident was done by Rashid, Yusuf, Sawan, Shahid, Meena.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the co-accused Meena & Shahid @ Sonu have already been enlarged on bail by Co-ordinate Bench of this Court vide orders dated 26.05.2016 & 11.04.2018 passed in Criminal Misc. Bail Application No. 44583 of 2015 & Criminal Misc.Bail Application No.2982 of 2018,; the role of the applicant is identical to that of the co- accused Meena and Shahid @ Sonu who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is no possibility to get this case be decided shortly in near future. The incident is of night, no identification of any person or property has been done; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 22.09.2014 (more than four year) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the co-accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Rashid @ Chalta Firta, involved in the Case Crime No. 1203 of 2014, under Sections 396, 412 I.P.C., P.S. Sahibabad, District Ghazibad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 19.12.2018 SKD