Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18317 of 2019 Applicant :- Saspendra Alias Shashivendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Javed Husain Khan,Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
It is submitted by the learned counsel for the applicant that the applicant has been named in the first information report attributing the role of causing injury with lathi- danda along with other co-accused persons. During the course of investigation the applicant was exonerated by the I.O. Merely on the basis of the statement of the complainant the court below has proceeded to pass the order summoning applicant and five others under section 319 Cr.P.C. by order dated 19.3.2018. It is further contended by the learned counsel for the applicant that later on the complainant has not supported the case and has turned hostile during the trial. It has further been submitted that general allegation has been made against the applicant. No specific role has been assigned to the applicant. Co-accused Dhruwal Singh Rajpoot, Ashraf Khan and Khalik having identical role have already been released on bail by another bench of this Court vide orders dated 11.4.2019 and 6.3.2019 respectively, therefore the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 27.3.2019.
Per contra, learned A.G.A opposed the prayer for bail but could not dispute the fact that co-accused Dhruwal Singh Rajpoot, Ashraf Khan and Khalik having identical role have already been released on bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Saspendra Alias Shashivendra involved in Case Crime No. 282 of 2012, (S.T. No. 384 of 2012) under Sections 147, 148, 323, 506, 302, 307 IPC, P.S. Premnagar, District Jhansi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.4.2019 A.