Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44133 of 2018 Applicant :- Vishal Opposite Party :- State of U.P.
Counsel for Applicant :- Roshan Kumar Singh,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.,Bhanu Deo Pandey
Hon'ble Sanjay Kumar Singh,J.
Heard Mohd.Samiuzzaman Khan, learned counsel for the applicant, learned Additional Government Advocate representing the State, Sri Bhanu Deo Pandey, learned counsel for the first informant and perused the record of the case.
By means of this application, the applicant Vishal, who is involved in Case Crime No.872 of 2018, under sections 364, 302, 201, 34 I.P.C., Police Station Indrapuram, District Ghaziabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. Main substratum of the argument of learned counsel for the applicant is that FIR of this case was lodged against unknown person. Later on co- accused Vipul and Awadhesh @ Virat Sharma were apprehended by the police on 21.04.2018 and in the confessional statement of Vipul and Awadhesh @ Virat Sharma before the police, name of the present applicant Vishal came into light, as such, applicant has also been implicated in the present case. It is next submitted by learned counsel for the applicant that co-accused, namely, Vipul been granted bail by the coordinate Bench of this Court in Criminal Misc. Bail Application No.38160 of 2019 vide order dated 24.09.2019, therefore, on the ground of parity, the applicant is also entitled to be released on bail. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 20.06.2018. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
The prayer for bail has vehemently been opposed by learned Additional Government Advocate and learned counsel for the first informant. However, they did not dispute the fact that the similarly placed co-accused Vipul have been granted bail by this Court by order dated 24.09.2019.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed aforesaid co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Vishal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii) The applicant will not indulge in any unlawful activities.
iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 25.11.2019 SKD