Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53940 of 2021 Applicant :- Shubham Giri Urf Shivam Giri Opposite Party :- State of U.P.
Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Bishram Tiwari, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that identically placed co-accused Anil Gupta, Madindra Mishra and Nagendra Yadav have been granted bail by co-ordinate Bench of this Court on 17.11.2016; 28.11.2019 and 07.09.2016 vide Criminal Misc. Bail Application No. 8766 of 2015; 36251 of 2018 and 29284 of 2016. It is further submitted that applicant is not named in the FIR. Nothing is recovered from the possession of the applicant. Although matter relates to the year 2014 but charge sheet was submitted against the applicant in the year 2021. No proper test identification parade was arranged in this matter. Nothing is recovered from the possession of the applicant to connect him with this matter. Referring to the entire evidence collected by the Investigating Officer against the applicant it was further argued that it is a no evidence case against the applicant. Case shown as criminal history was planted after lodging the present matter. Due to this reason para 15 was drafted mentioning therein that applicant has no criminal history. He further submits that the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 14.06.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of accused, submissions of learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shubham Giri Urf Shivam Giri involved in Case Crime No. 184 of 2014, under Sections 394, 302, 120-B IPC P.S. Tarya Sujan, District Kushinagar be released on bail on furnishing a personal bond and two heavy 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.12.2021 Sachdeva