Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14798 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Ram Maurya Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Mahendra Ram Maurya, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, the F.I.R. was lodged on 13.8.2017 against three accused persons, namely, Harsheet, Abhijat and Sonu; alleging that on 12.8.2017 Udit Chaudhari (deceased) went with all accused persons, subsequently dead body of Udit Chaudhari was recovered. Co-accused Harshit confessed before the police personnel and stated that he caused injury at deceased and Abhijit and Sonu were catching hold to the deceased. A 'Fawada' was recovered from the possession of co-accused Harshit.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. According to postmortem report, the cause of death is anti-mortem head injury. The role of applicant is assigned catching hold only. Offences levelled against the applicant are not attracted in the present case. There is criminal history of five cases against the deceased. It is a case of circumstantial evidence, no chain is established to connect the applicant with this crime. The co- accused Abhijeet has already been enlarged on bail by this Court vide order dated 16.04.2018 passed in Criminal Misc. Bail Application No.13789 of 2018, copy of which has been brought on record; the role of the applicant is identical to the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He is languishing in jail since15 .8.2017 (more than eight 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 and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Sonu involved in Case Crime No. 601 of 2017, under Sections 302, 201, 120-B IPC, Police Station Bhopa, District Muzaffar Nagar 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 :- 23.4.2018 A. Tripathi