The court allowed a bail application for the applicant, Satish Tomar, relying on the principle of parity with a co-accused (Dinesh Goel) already granted bail for the same offence. The bail was granted subject to standard conditions.
Applicant released on bail on furnishing a personal bond and two sureties each in like amount.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41635 of 2018
Applicant :- Satish Tomar Opposite Party :- State Of U.P. Counsel for Applicant :- Birendra Singh,A.K.S.Parihar 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, the F.I.R. was lodged against three named persons namely, Kishanpal Tomar, Mukesh Singh, Dinesh Kumar and one unknown person alleging that on 22.7.2018 near Sudha Sarovar Aakashnagar building was collapsed and two persons died and six other sustained injuries. During investigation, the names of Prem Pal Sisodia, Manish Goel, Dinesh Goel, Satish Tomar and Prasanjit were surfaced showing that they were partners of the building.
Learned counsel for the applicant submitted that co-accused Dinesh Goel has been been enlarged on bail by co-ordinate Bench of this Court vide order dated 3.10.2018 in Criminal Misc. Bail Application No. 36852 of 2018 and the case of the applicant is identical to the case of co-accused who has been enlarged on bail, hence the applicant is also entitled for bail on the ground of parity and applicant is languishing in jail since 29.7.2018 (more than four months); having no criminal history; the applicant is innocent and has been falsely implicated in the present case; prima facie, there is no evidence to connect the applicant with the said building, which collapsed during construction; there was no intention or motive or knowledge to kill the deceased/injured, there is no evidence of any negligent act on the part of the applicant to constitute any offence under Section 307 I.P.C.; there is no independent witness 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 the applicant has no criminal history and the case of the applicant is identical to the case of coaccused Dinesh Goel, 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 the applicant Satish Tomar involved in Case Crime No. 698 of 2018, under Sections 304, 308, 337, 338, 427, 288, 34 IPC and Section 7 of Criminal Law Amendment Act, Police StationMasuri, District-Ghaziabad 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 :- 4.12.2018 OP
1 issue framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused already released on bail.
Satish Tomar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
