Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39799 of 2019 Applicant :- Shivam Alias Bauwa Opposite Party :- State Of U.P.
Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 16.12.2018 (after five days of incident) against unknown person alleging that on 11.12.2018 at 8 p.m. Devendra Singh, driver of a vehicle bearing no. HR55AD 4208 was missing and dead body was found. According to postmortem report, cause of death was found asphyxia as a result of strangulation and hyoid bone was found fractured. During investigation, names of Atul Gupta, Roopesh @ Sonu and Shivam Alias Bauwa were surfaced and it was found that said vehicle was booked by them and looted the same after killing the deceased. Mobile used in the crime was recovered at the pointing out of applicant.
It is submitted by learned counsel for the applicant that co- accused namely Atul Gupta, Roopesh @ Sonu have been granted bail by co-ordinate Bench of this Court vide orders dated 24.7.2019 in Criminal Misc. Bail Application Nos. 24023 of 2019 and 19163 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. Recovery is planted by the police to show their good work. It is a case of circumstantial evidence, no chain is established to connect the applicant with this crime. Offences levelled against the applicant are not attracted in the present case. There is no independent witness and no legal evidence against the applicant. He is languishing in jail since 23.12.2018 (more than nine months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Shivam Alias Bauwa involved in Case Crime No. 658 of 2018, under Sections 302, 201, 394, 411 IPC, Police Station Pilkhuwa, District Hapur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following 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 :- 26.9.2019 A. Singh