Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44858 of 2021 Applicant :- Vinit Alias Lala Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Shantam Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Vijay Shantam, learned counsel for the applicant, learned A.G.A for the State and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has not committed the present offence. It is further argued that no prima facie case is made out against the applicant. Incident is said to have taken place on 26.06.2020. Dead bodies were recovered on 01.07.2020. FIR was lodged on 07.07.2020. It was next contended that son and wife of the complainant had seen the accused persons whereas they did not disclose the said fact before the police or the complainant earlier. This fact itself shows that the said fact was brought during investigation on the basis of advise. There is no direct evidence against the applicant. In fact none has seen the incident. Due to this reason witnesses said to be eye account witnesses did not disclose the said fact earlier. It appears that they themselves have committed suicide as marriage of the boy was to be solemnised on 28.06.2020 with another girl. Thus, referring to the aforesaid fact it was further argued that Sheoraj and Jagpal having identical role have been allowed on bail by coordinate Bench of this Court by order dated 22.11.2021 and 03.12.2021 vide Criminal Misc. Bail Application No. 13897 of 2021 and 16737 of 2021 respectively. He further submits that the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 08.07.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of accused, submissions of learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and 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 Vinit Alias Lala involved in Case Crime No. 249 of 2020, under Section 302, 201, 34 IPC, P.S. Dhanari, District Sambhal 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 Sachdeva