Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7414 of 2018 Applicant :- Shivendra Pratap @ Mintu Opposite Party :- State Of U.P. Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is a bail application on behalf of Shivendra Pratap @ Mintu in connection with Case Crime No.600 of 2014 under Sections 306 IPC, P.S. Kankarkhera , District Meerut.
Heard Sri Adesh Kumar, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA along with Sri Vivek Dubey, learned counsel on behalf of the State.
The submission of learned counsel for the applicant is that the deceased Mangesh was reported by his maternal uncle (Mama) in a case involving the rape of the applicant's sister as detailed in paragraph no. 5 of the affidavit where the deceased Mangesh along with the co-accused are facing trial; that the first informant has said in the FIR that on account of the alleged involvement of the deceased Mangesh, the informant's brother, he was tortured and abducted by the applicant and as a result, he, ultimately, committed suicide; that the first informant Karamveer, the brother of Mangesh is also facing the trial in the case under Section 376 IPC brought by the maternal uncle (Mama) of the applicant; that in the submission of learned counsel for the applicant, the present FIR has been lodged on fanciful allegations in order to bargain a non prosecution of the case of rape brought by his maternal uncle (Mama) against the surviving accused of the case where Mangesh was the main accused which includes the informant Karamveer as stated in paragraph no. 21 of the affidavit; that the co-accused Rajveer and Nagendra @ Tolan have been admitted to the concession of bail by this Court vide order dated 28.11.2017 and order of date passed in Criminal Misc. Bail Application Nos. 46498 of 2017 and 7213 of 2018 on the foot of which the applicant is entitled to parity; that there is no tangible evidence forthcoming against the applicant; and, that the applicant who is a respectable man with no criminal history is in jail since 07.02.2018.
Learned AGA has opposed the bail plea with the submission that there is material evidence available on record on the basis of which he has been chargesheeted. However, learned AGA does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of punishment, the evidence appearing in the case but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Nagendra @ Tolan involved in Case Crime No.600 of 2014 under Sections 306 IPC, P.S. Kankarkhera, District Meerut be released on bail on 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.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 26.2.2018 Deepak