Supplementary affidavit filed on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The submission of learned counsel for the applicant is that the FIR of the alleged incident was lodged against four unknown persons. The name of applicant came into light during investigation in the confessional statement of co-accused Saurabh, Kuldeep and Shahid. In this incident no one has sustained gun shot injury. It has further been submitted that applicant has not been arrested on spot. He has falsely been implicated in the present case. It has further been submitted that co-accused Shipu @ Shivam having identical role has already been released on bail by another bench of this Court vide order dated 10.1.2019 in Criminal Misc. Bail Application No. 1331 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 1.9.2018.
Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Shipu @ Shivam having identical role has already been released on bail.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Shaubi @ Sauveer involved in Case Crime No. 521 of 2018, under section 307, 342, 379, 323, 504 IPC, P.S. Sirsaganj, District Firozabad be released on bail on his furnishing a personal bond with 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 evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall 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 :- 28.1.2019 Masarrat