In Criminal Misc. Bail Application No. 20736 of 2018, the Court granted bail to the applicant who was not named in the FIR but was implicated by co-accused. The Court noted that co-accused were already on bail and decided it was a fit case for release.
Applicant released on bail on furnishing a personal bond and two sureties with standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20736 of 2018
Applicant :- Pardhan Alias Sanawwar Opposite Party :- State Of U.P. Counsel for Applicant :- Gurfan Ali Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely Rahul, Asiq and Rajat alleging that on 9.8.2013 at night they looted the truck and some persons and killed Omveer Singh by shot fire. During investigation, the name of the applicant was surfaced by other co-accused persons in their statement.
It is submitted by learned counsel for the applicant that coaccused namely Wasid, Sonu and Rajat have already been granted bail by co-ordinate Bench of this Court vide order dated 3.3.2014, 24.11.2014 and 1.12.2017 in Criminal Misc. Bail Application No. 34877 of 2013, 40317 of 2014 and 38708 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Applicant was not named in the F.I.R. The name of the applicant was disclosed by other co-accused persons in his confessional statement before the police persons. The applicant is innocent and has been falsely implicated in the present case. There is no independent witness and eye witness account against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 28.9.2013 (more than four and eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to coaccused Wasid, Sonu and Rajat who has 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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Pardhan Alias Sanawwar involved in Case
Crime No. 270 of 2013, under Sections 396, 412 IPC, Police Station Kotwali Dehat, District Saharanpur 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:
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 court below shall be at liberty to cancel the bail.
Order Date :- 31.5.2018 A. Singh
1 issue framed by the court
Whether the applicant is entitled to bail given that co-accused have been granted bail on identical facts.
Pardhan Alias Sanawwar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
