Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34213 of 2019 Applicant :- Sushil @ Sunil Opposite Party :- State Of U.P.
Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. No offence has been committed by the applicant. A number of accused have been said to have committed the offence. There is no specification as to which one of the accused caused the specific injury and on the same ground, a number of co- accused have already been admitted to bail by coordinate bench of this Court, copies whereof have been annexed as Annexure no.15 to the affidavit filed in support of the bail application. Therefore, the applicant is also entitled for bail on the ground of parity. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 17.04.2019.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Sushil @ Sunil involved in Case Crime No. 553 of 2018, under Sections - 147, 148, 149, 323, 504, 506, 304, 325 I.P.C., Police Station - Highway, District - Mathura 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 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 :- 22.8.2019 S Rawat