This bail application was allowed on grounds of parity with co-accouseds who were enlarged on bail, due to absence of legal evidence, no recovery at applicant's pointing, and prolonged remand custody. The applicant was ordered to furnish bond and sureties.
Release on bail by furnishing a personal bond and two sureties in the like amount.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18155 of 2018
Applicant :- Kapil Gurjar Alias Ajay Opposite Party :- State Of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against unknown persons alleging that on 25.1.2017 Yashpal Rathi was killed in indiscriminate firing shot by unknown persons. Coaccused Saddam was arrested by police and one motorcycle and countrymade pistol, empty and live cartridges were recovered and he disclosed names of Tinkoo @ Abhishek, Vickky @ Anirudh, Ankush Choudhary, Man Singh, Pravindra and Kapil Gurjar alias Ajay stating that they were also indulged in the crime. One countrymade pistol and cartridges were recovered at the pointing out of co-accused Man Singh.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co-accused Tinkoo @ Abhishek, Vickky @ Anirudh Ankush Choudhary and Pravindra who have already been enlarged on bail by coordinate Bench of this Court(Bail orders are annexed annexed as annexure 10 to the bail application) and the applicant is entitled to bail on the ground of parity. He is not named in the FIR and he has been falsely implicated in the present case. He is languishing in jail since 20.2.2017(more than one year and three months). Criminal history of seven cases have been explained. There is no legal evidence against this accused. There is no recovery at the pointing out of this accused. Recovery has been shown only against Man Singh and Saddam. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.He admitted that case of the applicant identical to the case of above co-accused who have 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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Kapil Gurjar alias Ajay involved in Case Crime No.118 of 2017(Session Trial No. 298 of 2018), under Section 147, 148, 149, 302, 120-B, 34 IPC, Police Station Mansoorpur, District Muzaffarnagar 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:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.5.2018 P.P.
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused and lack of legal evidence.
Whether the applicant has made out a case for bail despite the gravity of the offence.
Kapil Gurjar Alias Ajay
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
