Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7806 of 2019 Applicant :- Vikas Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
A first information report was lodged on 12.12.2011 with the allegations that the complainant's son who was in service of J.V.S. was returning to his house on 11.12.2011 by Intercity Express along with Lal Singh son of Deen Dayal Dohrey and when they were waiting for the bus one Bolero/Marshall Car stopped there and they were dragged inside the vehicle. The accused persons asked the son of the complainant and Lal Singh to hand over all the valuables. They have also snatched away the mobile phone. Thereafter the complainant's son was taken away and Lal Singh was dropped by them. Lal Singh reached at the house of the complainant and disclosed the entire incident on the basis of which the first information report was lodged on 12.12.2011 at 9.30 A.M. against four unknown persons.
It is submitted by learned counsel for the applicant that co- accused namely Pradeep @ Bauwa, Sri Krishna Kori and Pintoo have alrady been granted bail by co-ordinate Bench of this Court vide order dated 24.1.2013, 13.8.2012 and 9.2.2015 in Criminal Misc. Bail Application Nos. 2321 of 2013, 17274 of 2012 and 4677 of 2015, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. There is no independent witness and no legal evidence against the applicant. There is no possibility to get this case decided in short period in future. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 21.12.2011 (more than seven years and two months) having no criminal history 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 the case of present applicant is identical to co- accused Pradeep @ Bauwa, Sri Krishna Kori and Pintoo 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 applicant Vikas involved in Case Crime No. 436 of 2011, under Sections 364, 394, 302, 201, 411, 120-B, 34 IPC, Police Station Bhognipur, District Kanpur Dehat 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 :- 25.2.2019 A. Singh