Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18116 of 2019 Applicant :- Shishpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava 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.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged against Brahmpal and Manveer by Lal Singh (brother- in-law of the deceased). The name of the applicant came into light in the confessional statement of co-accused Vijay Pal. In the confessional statement of the above co-accused it has come that the applicant, co-accused Sompal and Omveer were in jail in a murder case of one Satyapal. To settle the matter with the consent of the applicant and co-accused Omveer the co-accused Sompal told to Vijay Pal and Diwakar to commit murder of the father of Somapal due to which Vijay Pal has committed the murder of deceased. Thereafter, FIR of the alleged incident was lodged against Brahmpal and Manveer. Manveer was brother of the deceased. In that case the applicant and co-accused were in jail. It has further been submitted that the allegation of hatching conspiracy has been levelled against the applicant. In fact, the applicant has no concern with the alleged incident. There is no cogent evidence with regard to the conspiracy, except the confessional statement of co-accused. It has been further submitted that the co-accused Omveer having identical role has already been released on bail by this bench vide order dated 25.4.2019 in Cr. Misc. Bail Application No.15099 of 2019, therefore, applicant is also entitled for bail on the ground of parity. Criminal history of the applicant has been explained in paragraph no. 19 of the affidavit filed in support of bail application. The applicant is in jail since 24.8.2018.
Per contra, learned A.G.A has opposed the prayer for bail but could not dispute the fact that the co-accused Omveer having identical role has 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 Shishpal involved in Case Crime No. 110 of 2018, (S.T. No. 447 of 2018) under Sections 302, 120B, IPC, P.S. Bachharaun, District Amroha 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 he will 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 Gss