Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50400 of 2021 Applicant :- Sunil Saroj Opposite Party :- State of U.P.
Counsel for Applicant :- Yashpal Yadav,Ravindra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Facts in brief are that on 24.05.2021 the deceased went for dinner at about 10.00 O'clock in the night in the marriage ceremony. In the meantime there was dispute between the deceased and accused persons while coming back to the house. The deceased was assaulted with lathi, danda and rod by Devanand alias Devendra Chauhan, Rahul Paswan, Pradeep Paswan and eight unknown persons as a result he sustained injuries and died. During investigation name of the applicant was brought into light.
It is submitted by learned counsel for the applicant that in this case the applicant has been falsely implicated. There is no eye witness of the incident. Other co-accused persons Golu Chauhan, Ajay Chauhan, Anil Chauhan, Pradeep Kumar Paswan and Devanand Chauhan @ Deva have already been granted bail vide orders dated 16.11.2021, 26.11.2021, 26.11.2021, 07.12.2021 and 16.12.2021 passed in Criminal Misc. Bail Applications No.28344 of 2021, 43103 of 2021, 42993 of 2021, 36582 2021 and 26736 of 2021, therefore, case of the applicant is on similar footing with co-accused persons. The applicant is in jail since 09.09.2021. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, requested for bail.
Learned AGA opposed the prayer for bail.
Considering the facts and circumstances of the case and submission made by the learned counsel for the parties, 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-Sunil Saroj involved in Case Crime No.78 of 2021, under Sections 147, 148, 323, 308 and 304 I.P.C., P.S. Ranipur, District Mau 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 :- 22.12.2021 Asha