Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9672 of 2017 Applicant :- Vishal Alias Pappu Opposite Party :- State Of U.P. Counsel for Applicant :- Hafeez Khan Counsel for Opposite Party :- G.A.,Ravindra Pratap Singh
Hon'ble Vipin Sinha,J.
Heard Sri Hafeez Khan, learned counsel for the applicant, Sri Ravindra Pratap Singh, learned counsel appearing for the complainant and learned AGA for the State.
Applicant has moved the present bail application seeking bail in Case Crime No. 431 of 2016, under Sections 147, 148, 149, 302, 307 and 120B I.P.C., P.S. Kotwali, District Ghaziabad.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the bar by learned counsel for the applicant is that co-accused Bittoo alias Vinay Kumar, Neeraj Sharma and Pankaj Kumar Dhobi alias Kali have already been enlarged on bail, copy of which has been produced and the same is taken on record. He further submits that since the role of the applicant is identical to that of the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is contended that the applicant has no previous criminal history as mentioned in paragraph nos. 22 to the bail application. Learned counsel for the applicant lastly submits that the applicant is in jail since 5.7.2016.
The prayer for bail has been vehemently opposed by learned A.G.A. as well as learned counsel for the complainant. However, they do not dispute the fact that the similarly placed co-accused has been granted bail by this Court.
Sri Ravindra Pratap Singh appearing for the complainant submits that the main role of assault and causing injury has been assigned to co-accused Niraj alias Chidda.
Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
In view of the above, let the applicant Vishal Alias Pappu 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 in the aforesaid case crime.
Order Date :- 19.4.2017 MT**