Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22767 of 2019 Applicant :- Suman @ Pankaj Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindhyachal Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against one accused Imran and some unknown persons alleging that on 22.04.2016 they killed Sobha Guru and Baba @ Pappu; during investigation seven accused persons, namely, Imran @ Raj, Suman @ Pankaj, Amir, Firoz Shakir Khan, Azim Khan and Ajay Yadav and some money and ornaments were recovered from their possession.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; the co-accused Shakir, Naseem and Ajay Yadav have already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 31.05.2017, 27.07.2017 and 19.09.2017 passed in Criminal Misc. Bail Application No. 19263 of 2017 ,34163 of 2016 and 35635 of 2017, copy of which has been taken on record; the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; there was dispute between two kinnar parties; no identification of person or property was done; there is no independent witness. Due to heavy workload, there is no possibility to get this case decided in short period in future. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 29.04.2016 (more than three years and one month) having no criminal history.
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 Suman @ Pankaj Sharma involved in the Case Crime No. 201 of 2016, under Sections 396, 412 I.P.C., P.S. Sipri Bazar, District Jhansi be released on bail on his 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 30.5.2019 A. Singh