Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15112 of 2018 Applicant :- Rohit Opposite Party :- State Of U.P.
Counsel for Applicant :- Janmed Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha 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 seven accused persons, namely, Arvind, Surendra, Rakesh, Deepak, Rohit, Saurabh and Shivam alleging that on 09.11.2017 at about 13.:40 p.m. with the help of other accused Arvind shot fire on Susheel and he received injury on his stomach and after 13 days he died.
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; main role of firing has been assigned against co-accused Arvind; general role has been assigned against the applicant; 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 10.11.2017 (more than five months) having no criminal history. It is further submitted that case of present applicant is identical to co-accused Saurabh @ Mohit who has already been enlarged on bail by this Court vide order dated 11.4.2018 passed in Criminal Misc. Bail Application No.13321 of 2018 and the applicant is entitled to bail on the ground of parity, bail order produced is taken on record.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and case of this applicant is identical to co-accused Saurabh @ Mohit who has already been enlarged on bail by this Court .
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 Rohit involved in the Case Crime No. 1305 of 2017, under Sections 147, 148, 149, 323, 504, 506, 307, 302, 34 I.P.C., P.S. Kotwali, District Mainpuri 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 :- 24.4.2018 P.P.