Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55710 of 2019 Applicant :- Sachin Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
This Criminal Misc. Bail Application has been filed with a prayer that the applicant involved in Case Crime No. 195 of 2018, under Sections 302, 394 I.P.C. P.S. Sector 39 NOIDA, District Gautam Budh Nagar, be released on bail during the pendency of trial.
The First Information Report of this incident was got lodged against unknown person on 08.03.2018 alleging therein that yesterday i.e. 07.03.2018 the brother-in-law (Sala) of complaint on phone informed to depart to his house and a last talk with him was held on phone at about 8:27 and it was expected that he would arrive at home within 15 minutes, but he did not come. Then, a missing report was lodged with Police Station - Sector 39. Thereafter, on 08.03.2018 at about 3:15 P.M. an information was received that a dead body with an identity matching to his brother-in-law (deceased) was found lying near Hajipur drain (Nala). They reached there and identified the dead body of Amit Pandey (deceased). The matter was investigated and accused were sent to jail.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He was not named in the FIR and during investigation his name has surfaced along with other co-accused for the first time on 13.7.2018 in the statement of one Honey Singh wife of co-accused Jogendra @ Yogi. It is further submitted that nothing incriminating has been recovered from the possession of the present applicant and as per the medical examination report the deceased has sustained only one gun shot injury. The role firing on deceased has been attributed to accused Praveen who has already been granted bail by another bench of this Court in Criminal Misc. Bail Application No. 48760 of 2018 by order dated 20.12.2018 and thereafter, co- accused Jogendra @ Jogi who was assigned the similar role as was assigned to the present applicant, has also been admitted to bail by another bench of this Court in Criminal Misc. Bail Application No. 14843 of 2019 by order dated 16.04.2019. Therefore, the applicant also deserves bail on the ground parity with above named co-accused. He is languishing in jail since 05.08.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail but he could not dispute the factum of bail parity of the applicant with co-accused.
Considering the rival submissions of the learned counsel for the parties, the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without commenting 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 Sachin involved in aforesaid criminal case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the 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 :- 17.12.2019 LBY