Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20538 of 2018 Applicant :- Sattar Miyan Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Prasad Shukla 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 prosecution case, F.I.R. was lodged against unknown persons alleging that on 16.03.2015. They looted the property of Gopeswar Singh and his wife and assaulted them, they received injuries, resultantly died; subsequently Rakesh Husain @ Rasid, Salman, Zulfan, Faheem @ Shankar, Azad, Sattar and Banti were arrested by the Police and they confessed that Salman, Rakesh and Tanveer @ Sunny have committed this offence some recovery was made out on their pointing out.
Learned counsel for the applicant submitted that the co-accused Tanveer @ Sunny, Rakesh Hussain @ Rasi, Salman and Zulfam have already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 10.07.2017, 25.10.2017, 12.09.2017 and 21.5.2018 passed in Criminal Misc. Bail Application Nos. 24827 of 2017, 24069 of 2015, 24267 of 2016 and 16915 of 2018, copy of which has been taken on record; the role of the applicant is identical to the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the applicant is not named in the F.I.R; the recovery which has been shown from this accused was false and planted by the Police; there is no possibility to get this case be decided shortly in near future; the applicant has been falsely implicated in the present case; the applicant is a very poor person; there is no independent witness 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 3.11.2017 (more than six months); two cases of criminal history have been explained.
Learned A.G.A. opposed the prayer for bail and admitted that criminal history against the applicant has been explained; the role of this accused is identical to the role of the 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 Sattar Miyan involved in Case Crime No. 274 of 2015, under Sections 396, 201, 120B I.P.C., P.S. Baradari, District Bareilly 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 :- 30.5.2018 OP