Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8870 of 2019 Applicant :- Somesh @ Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Nazrul Islam Jafri Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri Shantanu Srivastava, learned counsel on behalf of first informant is taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against ten persons namely, Suresh, Surendra, Evran, Govind, Somesh, Trimal, Kailash Kaluwa, Tikkal, Veer Singh and Ranjeet alleging that on 1.5.2018 Parvat Singh was driving Wagnar car No. UP14 AB 5021 in which Harpal and Umrao were sitting; complainant and Veer Singh were riding on motorcycle; as soon as car reached school of pyarey Lal, accused persons opened fire indiscriminately, in which Umrao fell down after sustaining injuries and Parvat Singh was shot dead by Suresh, Surendra, Evran and Kailash. They also cut his private part.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 28.12.2018(about two months) having no criminal history. He has been falsely implicated. Co-accused Govind and Tikkal @ Yogesh have already been granted bail by coordinate Bench of this Court vide orders dated 30.11.2018 and 23.1.2019 passed in Criminal Misc. Bail Application No.42613 of 2018 and 3301 of 2019 respectively (Bail order is annexed as annexure 12 to the bail application), applicant's case is identical to him and he is also entitled to bail on the ground of parity. Specific role of firing was assigned to Suresh, Surendra, Evran and Kailash and general role was alleged to rest of the accused. There is no recovery from the applicant. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to aforesaid co- accused who have been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Somesh @ Deepak involved in Case Crime No.160 of 2018, under Section 147, 148, 149, 302, 342, 506 IPC, Police Station Shahzadnagar, District Rampur 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 :- 28.2.2019 P.P.