Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40614 of 2019 Applicant :- Uday Ghosh Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri K.P. Tiwari (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons, namely, Deen Dayal @ Mate and Charan Singh Patel alleging that Rajesh Kumar, brother of the complainant was last seen with these persons. During investigation, the names of Ravindra Singh, Raees, Hotesh, Maan Singh, Udai Ghosh, Dharmdas and Jahar were surfaced. On the pointing out of Ravindra Singh, dead body of the deceased was recovered and it was found that Deen Dayal @ Mate and Charan Singh had killed the deceased and tried to dispose of the body. Spade (Fawra) used in the disposed of the body was recovered at the pointing out of the applicant.
Learned counsel for the applicant submitted that co-accused- Jhar Singh Ghosh has been enlarged on bail by this Court vide order dated 19.8.2019 in Criminal Misc. Bail Application No. 31015 of 2019 and the case of the applicant is identical to the case of co-accused, who has already been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. He further submitted that applicant is languishing in jail since 17.5.2019 (four and half months) having no criminal history. Neither he is named in the F.I.R. nor specific role of assault is assigned against the applicant. Main role of assault has been assigned against co-accused Deen Dayal @ Mate and Charan Singh. Dead body was recovered at the pointing out of co-accused Ravindra Singh. The case of the applicant is distinguishable from the case of co-accused Deen Dayal @ Mate, Charan Singh and Ravindra Singh. General role is assigned against other accused except Deen Dayal @ Mate, Charan Singh and Ravindra Singh. The name of the applicant was disclosed on the basis of suspicion only. Maximum offence under Section 201 I.P.C. is made out against the applicant. There is no independent witness/ eye witness account against the applicant 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 but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and also admitted that main role has been assigned against co- accused-Deen Dayal @ Mate, Charan Singh and Ravindra Singh and the case of the applicant is identical to the case of co- accused, 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Uday Ghosh involved in Case Crime No. 60 of 2019, under Section 147, 302, 364, 201 & 34 IPC, Police Station-Tahrauli, District- Jhansi 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 :- 30.9.2019 OP