The Court allowed a bail application under Section 437 CrPC. Relying on the fact that a co-accused was already granted bail in identical circumstances and the applicant has no criminal history, the Court held it was a fit case for bail without expressing an opinion on merits.
Release on bail with personal bond and two sureties subject to standard conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2836 of 2019
Applicant :- Hetam Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Srivastava,Ram Bahadur Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 23.01.2019.
Heard learned counsel for the applicant, Sri Ishwar Chandra Tyagi and Sri Nirvikar Gupta, learned counsel for the complainant, Sri Pankaj Rai, Brief Holder appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four named accused persons, namely, Raju, Pawan, Hetam Singh and Sonveer and 4-5 unknown persons alleging that at the night of 12/13.9.2018 they assaulted Ravi Kumar by lathies, dandas and by throwing stones. He received four injuries on head. According to C.C. T.V. Footage, it was found that co-accused Raju has assaulted Ravi Kumar (deceased) and Pawan caught hold the deceased, resultantly the deceased died.
Learned counsel for the applicant submitted that co-accused Sonveer Singh has been granted bail by this Bench vide order dated 11.1.2019 in Criminal Misc. Bail Application No. 869 of 2018 and the case of the applicant is identical to the case of coaccused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity; applicant is languishing in jail since 13.9.2018 (more than four months) having no criminal history; the applicant is innocent and has been falsely implicated in the present case; 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. as well as learned counsel for the complainant 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 also admitted that the case of the present applicant is identical to the case of coaccused Sonveer Singh, 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 Hetam Singh involved in Case Crime No. 1019 of 2018, under Section 147, 148, 302 IPC, Police StationTajganj, District-Agra 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 :- 23.1.2019 P.P.
2 issues framed by the court
Whether bail should be granted to the applicant granted as co-accused shares identical case circumstances and no criminal history.
Whether parity can be invoked when a co-accused was already granted bail in identical circumstances.
Hetam Singh
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
