Suresh v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17470 of 2018

Applicant :- Suresh Opposite Party :- State Of U.P. Counsel for Applicant :- Madan Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

According to prosecution case, the FIR was lodged on 12.12.2017 against the two accused, namely, Omveer and Suresh alleging that on 11.12.2017 at about 1 PM they took the applicant alongwith them and next day he was found dead.

Learned counsel for the appellant submitted that the co-accused Omveer Singh has already been enlarged on bail by this Court vide order dated 04.04.2018 passed in Criminal Misc. Bail Application No. 1268 of 2018; copy of which has been annexed as Annexure-11 of the bail application; the role of the applicant is identical to the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; applicant has been falsely implicated; the appellant is languishing in jail since 18.12.2017 (near about five months) having no criminal history; Smt Rajo Devi, Arvind and Raj Pal have been examined and they have stated in their statements that all the three persons including the deceased consumed wine and were in a position of intoxication and accidentally deceased fell down and received injuries; there is neither any evidence against these accused persons nor there is any independent witness; if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.