Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44938 of 2018 Applicant :- Rinku @ Bhora @ Sonu Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Dheeraj Singh (Bohra) 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, one dead-body of Ankit was found as unknown. Postmortem was done. Two contusions and one ligature were found. Subsequently, in the statements of Krishnapal and Ankur, the names of Rinku and Amit Kumar Fauji were also surfaced.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Amit Kumar Fauji @ Jitu @ Jitendra, who has already been enlarged on bail by coordinate Bench of this Court vide order dated 26.10.2018 in Criminal Misc. Bail Application Nos. 40618 of 2018, hence the applicant is also entitled to bail on the ground of parity; the applicant has been falsely implicated in the present case. He is languishing in jail since 10.7.2018 (more than four months); three cases of criminal history have been explained; there is no legal evidence against the applicant except confessional statements of Krishnapal and Ankur; there was no recovery on the pointing out of the applicant or from possession of the applicant relating to this crime; there is no eye witness account. There is no independent witness. 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.He admitted that the case of the applicant is identical to above co-accused-Amit Kumar Fauji @ Jitu @ Jitendra, 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Rinku @ Bhora @ Sonu Kumar involved in Case Crime No.15 of 2018, under Section 302 and 201 IPC, Police Station Aahar, District Bulandshahar 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 :- 29.11.2018 OP