Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20219 of 2018 Applicant :- Sunder Opposite Party :- State Of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Amar Pal and three unknown persons alleging that on 13.12.2017 they killed Soni(18 years), sister of complainant with Palkati(Kharpali) and 'Daranti' in the field of sugarcane. She received injuries on her neck and died resultantly. Subsequently, next day on 14.12.2017 names of Surender, Mohit and Sunder were surfaced on the statement of complainant Krishna Kumar.
It is submitted by learned counsel for the applicant that co- accused namely Surender has been granted bail by this Court vide order dated 21.5.2018 in Criminal Misc. Bail Application No. 18917 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. One affidavit filed by Doli, she stated that Amarpal killed the deceased. The applicant is not named in the FIR and he has been falsely implicated in the present case. He is languishing in jail since 21.12.2017(about five months). Criminal history of of the applicant has been properly explained. There is no recovery at the pointing out of this accused. Specific role of assault has been assigned to co- accused Amar Pal and recovery was also made at the pointing out of Amar Pal. There was 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 and the case of present applicant is identical to co-accused Surender who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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 Sunder involved in Case Crime No.751 of 2017, under Section 302 IPC, Police Station Kandhala, District Shamli 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 :- 29.5.2018 A. Singh